Category

Probate Administration
11dfw probate
What Is a Probate Court Appointed Receiver? A probate court receiver is an impartial third party who oversees a deceased person’s estate. If you’re the executor of an estate, you may have to ask the court to appoint a probate court receiver to handle the estate. But can you contest a receiver appointed by the...
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To be legally valid, a will must be signed by the testator, or maker of the will, in front of two witnesses. A will must also be signed by the testator with “a standard of sound mind”, which means that at the time the will was created, the testator was of sound mind and knew...
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11When Do Probate Courts Not Hear Probate Issues?
A probate court is a court having jurisdiction over probate matters and the administration of decedents’ estates. But when does the probate court not hear probate issues? Bell v. Hinkle, 562 S.W.2d 35 (Tex. Civ. App. – Houston [14th Dist.] 1978, no writ) Terminology Intestate: someone who failed to make a will prior to their...
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11dallas probate attorney
What does Texas law say about a creditor trying to collect a debt from someone who died? You may be surprised to learn that some debts can be erased as part of the probate process, somewhat like discharging debts in bankruptcy. The case of Ullrich v. Est. of Anderson, 740 S.W.2d 481 (Tex. App.‒Houston [1st...
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11Person's hand holding timer
How much time do you have before the statute of limitations bars a Will from being probated? If it has been more than four years since the decedent passed, can I recover my interest from their estate? Who can probate a Will after the fourth anniversary of the testator’s death? The case of Ferreira v....
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Will contests often focus on questions about whether the person who executed the will had the mental capacity required to execute the will. These post-death legal disputes can be particularly contentious. They delve into the life circumstances and affairs of the deceased. Facts matter in these cases. This raises questions as to what facts matter?...
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11correct probate inventory
Texas has a formal probate and guardianship process. This process typically involves filing numerous legal papers with the clerk. It includes applications, various motions, and, eventually, inventories. These legal papers can include incorrect information. This includes information that is wrong due to errors. It can also include intentionally omitted or inaccurate information. This can be...
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11probate evict tenant
The “too good to be true” lease. It’s the month-to-month lease agreement for a friend. It’s the lease that charges below-market rent. What happens to the real estate subject to this type of lease when the owner dies? What should you do if you are the personal representative and this property is part of the...
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11notify heirs of probate
Our legal system is based on the idea that each party to a lawsuit should be notified of the suit. This ensures that they can protect their interests or defend themselves against the suit. With probate cases, this involves personally serving citation. This notice process is mentioned in several sections of the Texas Estates Code....
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11step mom forced to sell
We should all take the time to prepare an estate plan. This is good advice. It is the type of advice that is often stated by financial planners and general estate planning attorneys. To an estate planning attorney, this advice is too broad and vague to really emphasize when an estate plan is really needed....
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