What happens when a person’s original will cannot be found and therefore proved in court? What constitutes non-production of a will? When will a trust be terminated? All of these questions are answered in the case In re Estate of Catlin. Probate Case In re Estate of Catlin, 311 S.W.3d 697 (Tex. App. 2010). Facts […]
The post Non-Production of a Will & Termination of a Trust appeared first on Houston Probate Attorneys, Kreig LLC.
The answer to this question depends on the jurisdiction in which the case is being tried. Some jurisdictions allow for the admission of such documents, while others do not. In general, however, the answer is yes, documents connected to prior claims are admissible in court if they have a sufficient connection to the matter at […]
The post Are Documents Connected to Prior Claims Admissible in Court? appeared first on Dallas Probate Attorneys.
If you have a claim against the estate of a deceased person—for example, for unpaid wages or breach of contract or other claim against the estate—you may be wondering what to do. The process for making a claim against an estate depends on whether the estate is being administered through probate or not. The case of Dunn v. Sublett gives us some insight into one aspect of this situation.
Consisting of three parts.
Debts that are pending (not yet matured), rather than debts dependent on a scenario which will never occur.
Dunn v. Sublett, 539 S.W.2d 351 (Tex. 1976)
Michael C. Dunn (Plaintiff), heir to John R. Dunn, deceased, brought forth a claim against the estate of Philip A. Sublett, deceased, which was subsequently rejected by F.B. Sublett (Defendant). Plaintiff’s claim against the estate focused on a tripartite contract between John R. Dunn, Philip Sublett, and Sam Houston. Under this contract, Sublett and Houston sold ownership of land specified within the contract to Dunn, and Dunn advanced a sum of money to them that was required to be reimbursed.
The Supreme Court held that, (1) since the rejection of the claim by the administrator was not based on the lack of authentication by the person providing the affidavit and (2) the statute did not specify who could provide the affidavit, the judgment dismissing the claim must be reversed and remanded.
The Court stated that the claim for money presented by Plaintiff was one that should be presented before the administrator, and that its allowance would simply ensure that the claim had the status that the administrator and chief justice would have given it through its approval (including the general and special liabilities on the estate as allowed by law). An affidavit must be provided with a claim, but the statute does not specify who must provide it, and as such is not conclusive or binding on the administrator. The administrator may reject a claim brought forth by a person lacking competent authority, a proper affidavit, and awareness of the facts, but must state that rationale. If the administrator generally rejects the claim, it will be presumed to be due to the merits of the claim and not for a lack of authentication (unless the claim fails to provide items required by law).
Every claim for money against a testator or intestate needs to be presented to the administrator, regardless of whether the money is currently or not currently due. Debts owed to the United States maintain priority over other debts owed by a deceased person despite the timeline in which debts are required to be paid (whether presently or in the future).
Where a claim against an estate is validated by a person who is neither the owner or the agent of the owner, an administrator that chooses to reject the claim must specifically state why prior to being sued for the establishment of such a claim.
If you have been named the executor of an estate in El Paso, you may be wondering if you need to hire a probate attorney. The answer is: it depends. The probate process can be complex, and if the estate is large or there are potential disputes among the heirs, or the payment of a claim, it may be wise to seek legal help. An experienced probate attorney can help you navigate the process, from filing the necessary paperwork to distributing the assets. If the estate is small and there are no disagreements among the heirs, you may be able to handle the probate process on your own. However, even in these cases, it is always a good idea to consult with an attorney to make sure you are taking the right steps.
If you are unsure whether or not you need to hire a probate attorney, please contact us for a free consultation at (915) 292-4400, or use the calendar to the right (—>). We can help you understand the process and decide if hiring an attorney is right for you.
In order to make a claim on an estate, you will need to provide the following information: the decedent’s full name, date of death, your relationship to the decedent, and your contact information. You will also need to provide a copy of the death certificate. If you are the executor of the estate or administrator of the estate, you will need to provide a copy of the will.
If you’re an heir or a beneficiary of a will, you may be eligible for unclaimed funds if the deceased person has died and it’s been two years since their death. You can claim these funds by filing a claim with the state where the deceased person has passed away. Be sure to check if the property is actually unclaimed before doing so. There are many different types of unclaimed property, so it’s important to know what you’re looking for. Common types of unclaimed property include bank accounts, stocks, bonds, and life insurance policies. If you think you may be entitled to any of this type of property of the estate, reach out to the state in which the deceased person resided and file a claim.
When a claim is filed against an estate, the executor of the estate is responsible for handling the claim. The executor will review the claim and determine if it is valid. If the claim is valid, the executor will pay the claim. If the claim is not valid, the executor will deny the claim.
Generally, an estate includes all real and personal property owned by an individual at the time of their death. However, there are certain types of property that may not be included in the estate, such as jointly owned property, life insurance policies, and retirement accounts.
The post Claims Against a Deceased Person’s Estate appeared first on El Paso Probate Attorneys, Kreig LLC.
When a will is probated it is declared as valid and the executor is given permission by a court to distribute assets according to the provisions of the document. What happens when a will made later in time that revokes the previously probated will is sent to a court for probate? Estate of Morris explains […]
The post Can a New Will Revoke a Will That’s Already Probated? appeared first on San Antonio Probate Attorney, Kreig LLC.
With a will, you can divide both your tangible as well as your intangible assets. Whether an item belongs in the estate or not depends on what type of asset it is. It’s very important to make this distinction between tangible and intangible assets, otherwise the distribution of an item of significant value could be affected.
Tangible personal property is any physical item other than real estate. Tangible personal property includes furniture, fixtures, machinery and equipment. Tangible personal property includes any item that is or can be removed or transported without material change to its form or function, such as apparel and furnishings.
Intangible property generally includes assets which are not physical. Common examples include assets like cash, reputation, copyrights, patents , and goodwill. Intangible assets may also include property rights or claims to property that is itself not tangible. For example, ownership of land includes the right to use it, licenses that grant limited access to computer software, and securities such as bonds or stocks. Basically, intangible assets are not physical in nature.
It is common to assume that since money is physical, it is a tangible asset. However, the courts have ruled that money is an intangible asset. However, if the decedent owned some personal property that was not of a fungible nature, such as a coin collection or valuable currency items that the decedent identified specifically, it could be part of his or her intangible personal property and would pass outside the will. But, generally speaking, cash is an intangible item.
What about stock certificates? A recent case analyzed whether stock certificates in a closely held company could be considered tangible personal property. Despite the plaintiff’s argument that stock certificates were tangible assets, the court ultimately found that they were intangible and therefore not subject to the decedent’s Will. The court ruled that the document only represented what the actual interest was in the corporation, so it could not be admitted into evidence.
Therefore, it is always important to pay close attention to how an executor classifies assets during distribution of an estate. The classification of assets can be very important in the distribution process because it could mean that tangible assets, such as real estate or vehicles, are distributed differently than intangible assets, like stocks and bonds. If you have any questions, call one of our trusted probate attorneys for a free consultation.
Use the calendar on the right (–>) to schedule your FREE consultation today!
Intangible personal property is the most difficult to describe since it doesn’t physically exist. In Texas, intangible personal property refers to any asset that isn’t real estate, money or other tangible items. Determining who inherits intangible items can be difficult since not everyone will receive the same type of assets. A good example of intangible personal property includes things like art, stocks and bonds, life insurance, stocks and cars.
Laws on probate assets are often very different in each state. This is because states have different laws on which items must be probated and which ones don’t need a formal probate. For example, in California, Arizona, Nevada and Oklahoma, the only assets that need to go through a formal probate court are real estate and money. Other assets pass straight to the person who inherits the item.
In contrast, tangible personal property is anything that can be physically touched. This would include items such as furniture, clothing, jewelry and vehicles. Tangible personal property is generally much easier to divide up since it can be divided into equal shares. For example, if there are three children inheriting a home, each child would receive an equal share of the home.
It’s important to note that some states consider certain types of intangible personal property to be probate assets. For example, in Texas, stocks and bonds are considered probate assets. This means that they must go through the formal probate process in order to be transferred to the rightful heirs. Other states have different laws on which intangible items are considered probate assets.
When you are dividing up your parent’s estate after they pass away, you’ll need to determine what is considered an asset, and what is not. Here are some examples of tangible and intangible assets:
Tangible Assets Tangible assets are those that you can touch, like jewelry, artwork, or other valuable items. Tangible assets will be identified on your parent’s balance sheet.
Some people might consider their family home to be a tangible asset, but it can also be an intangible one. The same is true of any property that your parents own outright. If there are no mortgages or other loans against the property, then it qualifies as an asset.
Intangible Assets Intangible assets are those that you cannot touch, such as patents, copyrights, and goodwill. These items may not be listed on your parent’s balance sheet, but they can still have value. You’ll need to have these appraised in order to determine their worth.
Many people will put down things like jewelry and money in a will. However, there are things that may be considered intangible assets as well. Things like trademarks or patents are also included in this category as well. In order to understand what they are and why they are in a will, it is important to understand what an intangible asset is. An intangible asset is defined as any nonphysical asset that has value. For example, patents, copyrights, trademarks and goodwill can all be considered intangible assets.
The estate tax laws state that any property that has an established value of an asset can be considered an intangible asset. This can be determined by the person’s total assets and whether or not the fair market value is greater than the total value of the tangible assets. This only comes into play when other assets have been exhausted. Once the other assets have diminished, the value of the intangible assets will help lower the tax burden on the estate.What are some of the benefits of creating a trust?
There are many reasons why someone might want to create a trust. One common reason is to avoid probate. Probate is the legal process that happens after someone dies, during which their assets are distributed according to their will or estate plan. Trusts can help avoid probate because they allow assets to be transferred directly to beneficiaries without going through probate court. This can save time and money, and it can also keep your affairs private since probate proceedings are public record.
Another reason people create trusts is to protect their assets from creditors or lawsuits. When you put assets in a trust, they become protected from your creditors—meaning they can’t take them to pay off your debts. This can be especially helpful for business owners or people with significant wealth who may be at risk for lawsuits. Trusts can also help you manage your assets if you become incapacitated since the trustee will be able to step in and make decisions on your behalf.
Lastly, trusts can be used for tax planning purposes. For example, if you have a large amount of money in an IRA, you may want to put it in a trust so that your heirs won’t have to pay taxes on it when they inherit it. There are many different types of trusts, and each has its own set of rules and regulations—so it’s important to work with an attorney or financial advisor who can help you choose the right one for your needs.
A tangible asset is one that you can touch, like your house or car. Intangible assets are less concrete. They don’t have any physical form and may be difficult to value, like a good friend or a closely held business.
Texas Law defines both tangible and intangible assets in terms of property.
In Texas, property includes both real (tangible) and personal (intangible) property; some property may be classified as both.
Texas Law states that Intangible personal property includes all legal or equitable interests that are not considered real property under the laws of this state. Some examples of intangible assets are copyrights, patents, and goodwill. These are all things that have value, but you can’t touch them or see them. They can be very difficult to value because there is often no market for them.
One example of a tangible asset is your house. It’s something that you can touch and see. It’s usually easy to value because you can look at similar houses in the area and get an idea of what it’s worth.
There are a number of different assets that may be distributed in a will. The most typical assets are houses, vehicles (tangible personal property, or TPP), bank accounts, valuable personal property and retirement accounts. There is TPP, which is the most typical item that people will find in their will. But what is TPP? TPP is anything that you own that you can physically touch, like your car, your computer, furniture, etc. It doesn’t include financial instruments or intangible personal property (IP).
The post What’s the difference between Tangible and Intangible Assets in Probate? appeared first on Austin Probate Attorney, Kreig LLC.
There are several tax laws that have to be considered to determine when and how costs to develop websites are deductible. These expenses are almost always deductible. These tax laws raise timing questions. It’s a matter of when the expenses are deductible. For those who are developing website businesses as side-hustles, the issue takes on… Continue reading Website Development Tax Deductions & the Start-Up Rules
The post Website Development Tax Deductions & the Start-Up Rules appeared first on Mitchell Tax Law.
Temporary Administration in Texas The court is required to appoint a temporary administrator if the judge determines that there is an immediate need to appoint a personal representative. The courts do not favor temporary administrations. They are often viewed as an unnecessary expense. The party seeking a temporary administration has to convince the court that […]
The post The Process of Appointing a Temporary Probate Administrator appeared first on Houston Probate Attorneys, Kreig LLC.
Testamentary capacity refers to a person’s ability to create a valid will. This ability deals both with being of legal age to create a will (18) and the mental capacity of the person making the will. Undue Influence occurs when a person acts under the influence of another rather than of their own free will […]
The post Effects of Testamentary Capacity and Undue Influence on Wills appeared first on Dallas Probate Attorneys.
A non obstante veredicto (JNOV) means a judgment notwithstanding the verdict. It is a judgment made during litigation that goes against what the jury decides. It happens when a jury decides in favor of one party and the judge sets that verdict aside and decides a ruling in favor of the other party. For example, in a probate proceeding if the jury rules in favor of the person bringing charges (plaintiff), a non obstante veredicto would occur if the judge ignored the jury’s ruling and found in favor of the person the charges were being brought against (defendant). A non obstante veredicto can only under a certain circumstance. What is that circumstance and how is it applicable? Estate of Querner answers these questions.
Estate of Querner, 974 S.W.2d 159 (Tex. App.–San Antonio 1998, no writ)
Thera Querner and her brother Jimmie L. Querner Jr. each owned an undivided 50 percent interest in a 900-acre ranch in Kerr and Gillespie counties which they inherited from their father. The pair sought partition of the ranch meaning they wished to have the property divided between the two of them in accordance with each of their 50 percent interest. Three commissioners oversaw dividing the land equally. Because Thera lived on a house on the ranch her property was more valuable and therefore, the commissioners also oversaw proper allowances to be made to Jimmie for any differences in quality and features of the two parcels of land.
When the land was divided, it was appraised to be worth $1,100 an acre, and 475 acres were given to Jimmie while 425 acres were given to Thera. Thera’s land was valued at $25,000, and Jimmie’s land was valued at $30,000 with adjustments for allowances and taking into consideration that his land had access to the roads through an easement (via use of his sister’s land). Thera disliked these results and filed objections in court. During the trial, the jury was asked if the land had been divided in a fair, just and impartial manner. They answered no. Jimmie then made a motion for JNOV which the court granted. Thera appealed saying the court erred in granting this motion. On appeal, the motion for JNOV was reversed as the court of appeals found the trial court had erred in granting it to overturn the jury trial.
A judgment non obstante veredicto (JNOV) can only occur if there is no evidence to support the decision of the jury. In other words, if jurors have come to a conclusion that cannot be supported by any evidence, the judge may rule against the jury’s verdict. This means that when a party requests for an N.O.V., the reviewing court must decide if there is any evidence for which the jury could have based their ruling off. The review is done with a favorable light to the verdict of the jurors. This means that the reviewing court need only find a scintilla of competent evidence to support the findings in a jury trial. In other words, the reviewing court only needs to find a very small amount of evidence that could support the jury’s original verdict as a matter of law.
Here, it was found that Thera produced enough competent evidence to appeal the JNOV. The testimonies at the trial found that whatever improvements Thera made to her portion of land were too small of magnitude and of such fair/poor condition that the value of them was included in the value of the land. In other words, Thera’s improvements to the land were not large enough to add value to her portion of the land. The commissioners had also testified that the fact that Jimmie is further from the roads and must cross his sister’s land to access them does not add value to his land, and it is actually a detriment to his land’s value. Because the court of appeals was able to find this evidence, they ruled that the trial court made a mistake when they granted Jimmie’s JNOV and overturned the juror’s decision.
Have you lost a loved one and have no idea how to proceed? Our local Texas attorneys can help you through the probate process. A good probate attorney will guide you through every step of the process from beginning to end. Hire an experienced probate lawyer in the El Paso metro area or in the surrounding communities. Contact us on our homepage, and don’t forget to ask about our Free 30-minute probate attorney consultation. You can schedule your free consultation using the calendar on the right ->. From first steps to final distribution, we handle the entire probate process for you.
Judges are permitted to overrule the verdict of a jury if it goes against Texas probate law or if it would be considered unjust. And yes, this does happen, but whether you’re a plaintiff or defendant, don’t count on it as part of your litigation strategy.
There are certain circumstances in which a judge can overrule a jury verdict. As previously mentioned, this happens when the verdict goes against Texas probate law or is considered unjust by the court. In most cases, defendants in probate proceedings believe they have been wrongfully accused by the plaintiff and will attempt to appeal their case; however, there are instances in which plaintiff’s believe they have been wrongfully accused and appeal their case as well.
Is it possible for a judge to overrule a jury’s decision in a criminal case and send the defendant to prison anyway? It can happen, but it’s rare. Let’s say the jury in a criminal case has listened to the evidence, heard witnesses and arguments from both sides, and makes its judgment. It returns a not guilty verdict. A judge can then decide that the trial is not over. If a judge dismisses the jury, he or she can hold a hearing and decide that a defendant is guilty after all.
There are a number of reasons why a judge might choose to do this. In some cases, the judge may feel that there was insufficient evidence presented at trial to support the jury’s verdict. In other cases, the judge may believe that the jury did not correctly apply the law when reaching their decision.
Whatever the reason, if a judge does choose to overrule a jury’s acquittal, the defendant will usually have an opportunity to appeal the decision. This means that they can take their case to a higher court where it will be reviewed by a panel of judges. If they are still found guilty by this higher court, then they will likely be required to serve their sentence. But again, don’t rely on this as a defense strategy.
In a criminal case, if the jury is unable to agree on a verdict and a deadlock is reached, the judge would declare it a mistrial. When a jury deadlocks, or is unable to come to a decision on a verdict, the judge presiding over the case declares a mistrial. This means that the trial is ended and no verdict is reached. The jury’s inability to come to a decision does not necessarily mean that they believe the defendant is innocent, but rather that they are unable to agree beyond a reasonable doubt that the defendant is guilty. If the prosecution and defense are both unsatisfied with the outcome of a mistrial, they may choose to retry the case.
Trial outcomes are the ultimate decision from a jury or a judge, who hears the facts of a case. This can be a financial award, an order, or a denial. While trial outcomes are sometimes thought of as final decisions, they often prompt an appeal.
The post Can a Probate Judge Overturn a Jury Verdict? appeared first on El Paso Probate Attorneys, Kreig LLC.