Introduction In Texas, probate courts have the authority to grant relief on matters that are not explicitly stated in the pleadings. This means that if there is an issue that arises during the course of probate proceedings, the court can take action to address it. Texas law gives the court broad powers to do whatever…
TX-LW Blogs
Alternatives to Probate: Order of No Administration
The “order of no administration” is one of the alternatives to a full probate. It is used when the estate has some assets, but the award of a family allowance would exceed the value of the assets. Since the family allowance is paid before nearly all other claims to the estate assets, there is no…
Alternatives to Probate: Administration of Community Property
In Texas, administration of community property can be a legitimate alternative to probate. The determination of whether property is community property or separate property can be a complex matter and is often a source of controversy during the administration of an estate. In some cases the community property laws can be used to probate the…
Alternatives to Probate: Family Settlement Agreements
Family settlement agreements are most often used to resolve probate litigation without trial. They are often used in will contests, will construction lawsuits, claims and trust modification lawsuits. They can help avoid litigation costs and uncertainty associated with trial. What Is a Family Settlement Agreement? A family settlement agreement is also useful in situations where…
Court: Complex Tax + Professional Advice = No Tax Penalty
We know that we can take steps to minimize our taxes. Our tax laws allow for this and, on review, the courts have made this clear. Tax penalties are usually the problem with taking tax positions in situations that are not entirely clear. Taxpayers who find themselves having to make decisions in these gray areas……
How to Inherit Life Insurance in Texas
Introduction Inheriting life insurance in Texas is a process that requires some understanding of the law. It can be confusing, but it’s important to know what to do if you are the beneficiary of a life insurance policy. In this blog post, we will walk you through the process of inheriting life insurance in Texas.…
Can a Testator’s Feelings About Someone Prove Fraud in Probate Court?
When a person dies, their estate must go through probate in order to be distributed to their heirs. In Texas, probate is handled by the court system, and there are certain rules and procedures that must be followed. One of the key aspects of probate is proving that the will is valid. In some cases,…
Can You Argue Facts Excluded from Evidence in Probate Court?
Introduction: Filing or Contesting a Will Texas Probate Court is the court in charge of handling the probate process for deceased persons who resided in Texas. This includes distributing their assets to heirs and resolving any debts or claims against the estate. The court also has jurisdiction over guardianship and conservatorship matters involving incapacitated adults…
Must a Judgment Against a Deceased Debtor Be Executed by the Probate Court?
In Texas, if a debtor dies before the judgment is satisfied, the judgment may be enforced against the estate in probate court. If you are a judgment creditor and the debtor dies, you must take action within a certain time frame to have the judgment enforced by the probate court. But must the judgment be…