This page covers guardianships where people disagree. That usually means two family members who both want to serve, an application that someone opposes, or a guardian already in place who should be removed. If your parent can no longer manage money or make care decisions and the family cannot agree on what happens next, a judge, and sometimes a jury, will decide it on the evidence.
A guardianship over a living parent and a later dispute over that parent’s estate are separate proceedings. They are filed separately, may be heard by different judges, and each one needs its own proof.
Nueces County has no statutory probate court. Estates and guardianships are heard by the county courts at law, which Government Code §25.1801 creates as County Courts at Law Nos. 1 through 5. Section 25.1802(a)(5) gives those courts jurisdiction over the collection and management of the estates of minors, mentally disabled persons and deceased persons.
These are not probate-only courts. The same judges hear a wide range of other civil matters, so a contested guardianship competes for hearing time with the rest of the docket. Filings go through the Nueces County District Clerk, which serves as clerk of the county courts at law in these cases under §25.1802(n).
In practice, a contested hearing should be ready when it is reached. Witnesses are lined up, records have been exchanged, and the motion asks for a specific order.
A guardianship is created on evidence, and family agreement does not substitute for it. Estates Code §1101.101 requires the court to find by clear and convincing evidence that the proposed ward is an incapacitated person, that a guardianship is in the proposed ward’s best interest, and that alternatives to guardianship have been considered and are not feasible. Other required findings, including that the proposed guardian is eligible and proper, are made by a preponderance of the evidence.
The burden is on the applicant. A person opposing the application can challenge each finding: whether your parent actually lacks capacity, whether the powers requested go further than needed, whether a power of attorney or another arrangement already handles the problem, and whether the proposed guardian is suitable.
Under Estates Code §1055.001, any person may contest a guardianship proceeding, except a person whose interest is adverse to the proposed ward’s. Section 1055.052 entitles a party in a contested guardianship to a jury on request. In a county court at law that jury has six members unless other law requires twelve (Gov’t Code §25.1802(o)).
Most people who call this office are past the application stage. Someone already holds the appointment, and the accounts show money moving in ways nobody can explain. Removal is governed by Estates Code §1203.051 and §1203.052, and the grounds are the ones listed in those sections.
Section 1203.051 allows removal without notice in a limited set of situations, including evidence that the guardian has misapplied the ward’s property or has abused or neglected the ward. In those cases the court appoints a guardian ad litem and an attorney ad litem for the ward. Section 1203.052 covers removal after notice, on grounds that include misapplication or embezzlement of property, failure to file required accounts, disobeying a court order, and gross misconduct or mismanagement.
Removal motions are decided on documents. Start with bank statements, the guardian’s annual accounts and reports on file with the court, care facility invoices, and any deeds or other transfers of your parent’s property. If the same person handled money under a power of attorney before the guardianship, that conduct may support a separate claim for breach of fiduciary duty.
Kreig LLC is a probate litigation practice. In guardianships it handles competing applications, opposed applications and removal of a guardian already serving. If nobody objects to the guardianship, you probably do not need a litigator.
The firm’s other contested work, including will contests and fiduciary claims, is described on the practice page. The Corpus Christi office is at 710 Buffalo St., Suite 802, and meets clients by appointment. The firm takes matters in Nueces, San Patricio, Kleberg, Aransas and Jim Wells counties.
If a guardianship over your parent is contested, or you think the current guardian should be removed, call before anything else is filed. Have the cause number ready if a case is already open, along with whatever account statements you have.
The first consultation is short and free.