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...KEEP READING
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...KEEP READING
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....KEEP READING
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?...KEEP READING
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...KEEP READING
Having a will in order is an important preparation to undergo no matter your age or the condition of your health. This ensures that your wishes are carried out after you are gone. Unfortunately, there are often cases in which someone will try and pursue legal action to get what they believe is theirs. Such...KEEP READING
When most people hear the term guardianship, they automatically think of the process in relation to minors. However, it is just as important to have a guardianship plan in place for your elderly loved ones. Hiring an attorney skilled in guardianship matters is an essential part of this undertaking. In these cases, there are two...KEEP READING
After the loss of a loved one, those left behind have many issues that must be handled. These hardships can be emotional, logistical, and even physical. It is important to hire a skilled probate attorney to help lift some of these burdens. When it comes to logistics, there are many things to take into consideration....KEEP READING
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...KEEP READING
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....KEEP READING
