When Two Laws Conflict Sometimes the issue arises of which state law to apply to a case. Depending on which law is applied can change the outcome of a case and what a party is held liable for. How does a court decide which law to apply? What happens when there are conflicting laws that…
TX-LW Blogs
When Is an Estate Legally Closed in Texas?
When someone goes through the process of an estate, this usually means that they will have to liquidate the deceased’s assets. This is not always a simple financial task to undertake, and there are many different legal and monetary details involved. You might be aware of some of these steps, but after reading this article…
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…
When Is a Judgment Considered “Final” in a Probate Case?
The term “final judgment” is often used in probate cases, but does it mean the same thing as a final judgment in other cases? In other words, when is the decision able to be appealed? In this article, we’ll take a look at when a judgment is considered final in a probate case and what…
Can Probate Court Be the Proper Venue for a Personal Injury Case?
Can someone bring a lawsuit regarding personal injury, death, or property damage in a probate court? Let’s look at the case of Gonzalez v. Reliant Energy Co. to find out. Legal Terminology Anti-suit Injunction A remedy issued by a court in one jurisdiction that prohibits a litigant from initiating or continuing litigation in another jurisdiction.…
Restricted Appeals in Texas Probate Matters
If you are involved in a probate matter in Texas, it is important to be aware of the restricted appeal process. This process can limit your ability to challenge certain decisions made by the court, so it is important to understand how it works before you find yourself in that situation. This case helps shed…
IRS Levy While Tax Litigation is Pending
If you owe back taxes and are litigating the case with the IRS, what happens if you come into money? The IRS has broad levy powers. Can the IRS get the money even though the taxes are being disputed in court? The answer can vary based on whether the underlying tax liability is being disputed……
How to Handle Small Estates in Texas with Limited Assets
How to Handle Small Estates in Texas If you find yourself in the position of having to handle a small estate in Texas with limited assets, there are some steps you can take to make the process as smooth as possible. First, you’ll need to obtain a certified copy of the death certificate from the…
Who Gets What under Texas Probate Laws If Someone Dies with a Will?
When someone dies with a will in Texas, the court will follow the instructions in the will to distribute the deceased person’s assets. However, if there are any questions about the will or if anyone challenges it, the court may get involved to make sure that the assets are distributed according to Texas probate law.…