Wills, Probate, Guardianship & Trust Litigation
Attorney David Toups routinely handles the estate, trust, probate, and guardianship cases that have gone wrong and need to be fixed. He also handles the cases that need to be done correctly from the beginning; it just doesn’t require as much work.
In order to fix what is broken, you must first know how it was supposed to work in the first place. David Toups is uniquely qualified to assist clients experiencing difficulties and court proceedings in this area of the law. Having administered trusts and estates professionally, he knows what should have happened, what needs to happen, and how to correct what happened. A sample of the types of cases in which David Toups has served clients in the past is as follows:
- Successfully settled a lawsuit filed by an executor against multiple client-beneficiaries allowing the client-beneficiaries, as defendants, to exact payment from the executor in an amount in excess of $1,000,000.00.
- Successfully asserted claims against a decedent’s estate for wrongful death allowing a settlement to the claimant-clients in excess of $800,000.00.
- Successfully achieved a jury verdict defeating two death-bed wills and allowing the client to inherit an estate in excess of $600,000.00.
- Defeated a contest to a decedent’s will brought by estranged adult heirs, entitling the client to receive a bequest valued in excess of $400,000.
- Successfully settled a lawsuit filed by an executor-trustee against a client-beneficiary allowing the client-beneficiary, as a defendant, to exact payment from the executor-trustee.
- Successfully settled clients’ claims against a rogue executor of an estate that had engaged in self-dealing and misappropriation of estate assets.
- Resolved disgruntled beneficiary’s claims brought against client while serving as the executor of an estate and as trustee of several trusts.
- Recovered delinquent back child support from decedent’s estate by obtaining for client all the decedent’s interest in out-of-state property.
- Successfully guided an insolvent decedent’s estate through probate allowing the decedent’s heirs to inherit certain exempt property.
- Achieved appellate reversal of a trial court’s wrongful award of attorney’s fees in an estate proceeding.
- Achieved appellate reversal of a trial court’s wrongful order requiring a bond for an independent executor’s appeal of an erroneous order.
- Achieved appellate reversal of a trial court’s wrongful order attempting to void an independent executor’s appointment.
With his previous financial experience and education, David Toups is able to track complex financial transactions, understand how they work, and explain them in an entertaining way to a court or a jury. He shows juries the how and the why of what went wrong so they can make it right.
If you are experiencing difficulties or concerns in any of these areas or you can see that it will become increasingly more uncomfortable going forward, please call to discuss your legal matter–David Toups may be able to help.

Contact David Toups today toll-free at 800-780-6830, from wherever you are in Texas. Call today to schedule your initial consultation with lawyer David R. Toups.
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