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DFW Probate Law Update: If you hold a Will, Ignorance Is No Excuse

Application for Probate More Than 4 Years After Testator’s Death A will may not be submitted to probate after the fourth anniversary of a testator’s (person who made the will) death unless it is shown that the person applying for probate was not in default in failing to bring it to probate sooner. Here default […]

What is a request to transfer a structured settlement in Texas?

A structured settlement is a type of annuity that is typically used to resolve personal injury claims. In Texas, if you have reached a settlement in your personal injury case, you may be able to transfer your structured settlement payments to another party. This process is known as a “request for transfer.” What is a […]

When Do Probate Courts Not Hear Probate Issues?

5 Kinds of Texas Probate

Introduction Probate is a process by which an administrator (the executor) of an estate (the decedent’s property) distribute the estate’s assets to the decedent’s beneficiaries. In Texas, probate is handled by the Texas State Probate Office. There are at least five types of probate (more if you count the various permutations such as testate dependent, […]

When Do Probate Courts Not Hear Probate Issues?

Does a Probate Court’s Order Have to Be Final to Be Appealable?

In a recent case, St. John v. Hearne, a Texas probate court granted a bill of review but did not dispose of contested issues. The Court of Appeals noted that granting a bill of review does not terminate the proceedings and is not equivalent to final judgment for purposes of appeal. Legal Terminology Interlocutory Appeal […]

Standard of Sound Mind to Execute a Valid Will

Who Will Serve as Personal Representative of Your Estate?

Who will serve as personal representative after you’ve passed on? Many people think about this while planning their estate, but it’s important to know who is eligible to serve and who will serve by default if you don’t name a personal representative properly. Selecting The Personal Representative (Executor vs Administrator) Specialized knowledge, training or experience […]

Can a Court Add Probate Proceedings to a Muniment of Title?

Legal Terminology Muniment of Title/Deed: Means there is no need for administration of the estate. This allows for a will to be probated quickly and cost-efficiently. Administration of an Estate: Allows for the management of the liabilities and assets of a deceased person. Probate Case In re Estate of Kurtz, 54 S.W.3d 353 (Tex. App. […]

Can You Bring a Law Suit Against a Texas County in Probate Court?

In a person’s will, they may leave either personal or real property to an entity rather than to an individual. They could leave land to a city, business, organization, county, or the like. What happens when there is a suit against a county rather than an individual? What is the controlling law and how is […]