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Probate

How a Probate Attorney in Houston Can Help You Resolve Disputes Through a Family Settlement Agreement

How a Probate Attorney in Houston Can Help You Resolve Disputes Through a Family Settlement Agreement

By:

Troy Moore

July 1, 2025

July 1, 2025

How a Probate Attorney in Houston Can Help You Resolve Disputes Through a Family Settlement Agreement

Resolve Estate Disputes Peacefully with a Family Settlement Agreement

Losing a loved one is hard enough—navigating the legal process that follows shouldn't make it harder. If your family is facing disagreements over a Will, heirship, or the distribution of an estate, a family settlement agreement may offer a quicker, more cost-effective solution than litigation. At Law Office of Troy M. Moore, PLLC, our probate attorney in Houston helps families resolve complex probate disputes with dignity, discretion, and legal precision.

What Is a Family Settlement Agreement?

A family settlement agreement (FSA) is a legally binding contract between heirs, beneficiaries, and other interested parties to an estate. It allows families to agree on how the estate should be divided—sometimes in a way that differs from the terms of the will or Texas intestacy laws.

These agreements are recognized under Texas law and can serve as a powerful alternative to courtroom battles. When properly drafted, they can override a will’s provisions, as long as all parties agree and the agreement doesn’t violate statutory protections (such as those for a surviving spouse or minor child). This is true even in situations where someone died without a Will, and the heirs-at-law seek to rearrange how the property would be distributed otherwise under Texas Intestacy law (i.e. who inherits from you if you die without a will).

Why Choose a Family Settlement Agreement?

  • Avoid probate litigation: FSAs help families steer clear of prolonged, expensive, and emotionally draining court battles.
  • Save time and money: Settling disputes outside of court usually leads to a faster and less costly probate process.
  • Preserve family relationships: Litigation can divide families. A fair, mutually agreed settlement can help maintain family harmony.
  • Customize solutions: FSAs give families the flexibility to create arrangements that suit their unique needs and values.

Why You Need a Probate Attorney for a Family Settlement Agreement

While an FSA can be a great solution, it must be carefully drafted to be legally enforceable. As a family settlement agreement lawyer in Houston, Troy M. Moore brings twenty-five (25) years of experience handling probate and estate disputes across Texas.

He helps clients:

  • Identify the interested parties who must sign the agreement
  • Navigate complex issues like omitted heirs, invalid wills, or contested assets
  • Draft clear, enforceable agreements that comply with Texas Estates Code
  • Obtain court approval when necessary to finalize the settlement

An experienced probate attorney for family settlement ensures that your agreement stands up in court, protects your rights, and honors your loved one’s legacy.

When Is a Family Settlement Agreement Appropriate?

You may want to explore a family settlement agreement if:

  • There is a dispute over the validity of a will
  • A will was lost or never signed
  • The estate plan unintentionally excluded a family member
  • Heirs want to rearrange distributions for tax or personal reasons
  • The probate process is stalled due to disagreements among beneficiaries
  • Beneficiaries cannot agree on who should be in control of the estate assets

Can a Family Settlement Agreement be used to settle Trust Litigation?

Yes, a Texas Family Settlement agreement is just as useful in settlement situations where there is ongoing litigation between a Trust, its Trustee, and the beneficiaries. Our probate attorney in Houston will craft a family settlement agreement for trust litigation that resolves the following items:

  • Disputes over the validity of an Amendment to the Trust
  • Trustee engaging in self-dealing
  • Beneficiaries stealing trust property
  • Disputes on how to apportion trust property among beneficiaries
  • Any other dispute under the Trust lawsuit documents

Texas Law Favors Family Settlement Agreements

  • Texas law specifically encourages peaceable resolution of disputes
  • Especially those involving the parent-child relationship
  • And the early settlement of pending litigation through voluntary settlement
  • Tex. Civ. Prac. & Rem. Code Sec. 154.002

Talk to a Houston Probate Attorney Today

If you are dealing with probate or trust issues and need a solution that respects both your legal rights and your family dynamics, we can help. The Law Office of Troy M. Moore, PLLC provides compassionate, strategic legal counsel to Houston families facing estate disputes.

Contact us today to schedule a confidential consultation with a trusted probate attorney in Houston who understands the value of resolution.


👉 Call (281) 970-8039 or visit https://troymmoore.com to get started.

How a Probate Attorney in Houston Can Help You Resolve Disputes Through a Family Settlement Agreement

July 1, 2025

July 1, 2025

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