Practice Areas

Estate Planning, Probate, and Fiduciary Litigation

Estate Planning and Probate

Davis & Santos attorneys represent clients (both U.S. citizens and non-U.S. citizens) in matters involving estate planning and probate. The firm’s estate planning and probate practice is led by an attorney Board Certified by the Texas Board of Legal Specialization in Estate Planning and Probate Law. As part of its estate planning practice, Davis & Santos counsels clients on some of life’s most important decisions and assists clients with the preparation of documents such as:

  • Trust, including Special Needs Trust
  • Appointment of Guardian for Minor Child
  • Formation of Limited Liability Company and Partnerships
  • Transfer on Death Deed and Lady Bird Deed
  • Power of Attorney
  • Medical Power of Attorney
  • Advanced Medical Directive (“Living Will”)
  • HIPAA Authorization
  • Appointment of Guardian in the Event of Future Need
  • Appointment of Agent to Control Disposition of Remains

The firm’s probate practice skillfully represents clients’ interests in the following areas:

  • Application of Will and Appointment of Executor or Administrator
  • Application of Will as a Muniment of Title
  • Representation of Dependent or Independent Executor or Administrator
  • Representation of Beneficiaries
  • Guardianship Proceedings
  • Heirship Proceedings
  • Affidavit of Heirship
  • Small Estate Affidavit

The firm’s practice also includes the preparation of United States Estate (and Generating-Skipping Transfer) Tax Return (Form 706) and United States Gift (and Generation-Skipping Transfer) Tax Return (Form 709).

Mediation services provided by the firm’s certified mediator arising out of estate planning, trust, guardianship and probate disputes are also available.

To learn more about this practice area, please contact the following Davis & Santos attorney:

Patty Rouse Vargas


Fiduciary Litigation

Davis & Santos handles high-stakes trust, estate, and guardianship disputes and represents fiduciaries, trustees, executors, beneficiaries, heirs, guardians, partners, powers of attorney, and interested third parties. Davis & Santos’s fiduciary litigation practice includes:

  • Will and trust disputes, including claims of lack of testamentary capacity and undue influence
  • Breach of fiduciary duty claims and removal actions, and defense of fiduciaries against such claims and actions
  • Guardianship and incapacity issues
  • Shareholder actions and defense of shareholder actions

To learn more about this practice area, please contact the following Davis & Santos attorneys:

Jason Davis

Sarah Santos

Mark R. Murphy

Santos Vargas

Caroline Newman Small

Patty Rouse Vargas

Jay Hulings