Introduction The fiduciary-beneficiary relationship is one of trust. The fiduciary has a duty to act in the beneficiary’s best interest and must exercise a degree of care that a reasonable person would under similar circumstances. If the beneficiary believes that the fiduciary has breached this duty, can he or she challenge the fiduciary’s actions in…
Category: Probate Law
Must an Inference Be Supported by Evidence?
An inference is an educated guess. When you draw an inference or conclusion based on the evidence, there’s a reason you come to that conclusion and that reason likely comes from the evidence presented within the text. Inferences may be made based on evidence, but an inference itself is not evidence. Can a lawyer in…
How to Probate a Will in Dallas, Texas
Introduction Probate is a process that is used to distribute an individual’s assets after they die. In order to start the Probate process, you will need to file a petition with the court in Dallas, Texas. This article will provide you with all the information you need to file your petition and go through the…
When Can You Exclude Witness Testimony in Probate Litigation?
Excluding Witness Testimony A court may exclude a witness testimony from a suit for several reasons. This exclusion will be upheld so long as the court did not abuse its discretion in doing so. What constitutes an abuse of discretion? Morrow v. H.E.B., Inc. discusses this. Probate Case Morrow v. H.E.B., Inc., 714 S.W.2d 297…
Texas Probate Law Firm Continues Rapid Growth
Adds veteran probate attorney, Hallie O’Connor, to its Dallas office FOR IMMEDIATE RELEASE: Dallas, October 10, 2022: Kreig LLC, a Texas-based probate law firm, announced today that Attorney Hallie O’Connor has joined the firm’s Dallas probate practice. “We are thrilled to have Hallie join our team,” said CEO Jack Manhire. “She is a highly respected…
Are You Suitable to Serve as a Texas Executor?
If you have been named as an executor or administrator of someone’s estate in the state of Texas, you need to know what duties and responsibilities come with the job. This article will go over your legal requirements, highlighting what you need to do before beginning. Probate Case Law Olguin v. Jungman, 931 S.W.2d 607…
Can You Have a Probate Appeal Dismissed by Motion?
The state of Texas allows one to have a probate issue settled before going to trial on the merits. However, in the case that you cannot settle it amicably with the other party, then you can go ahead and take it to trial. In this article, we will go over what constitutes as an appeal…
What is a Texas Affidavit of Heirship?
A Texas affidavit of heirship is a legal document that declares someone as the heir to an estate. This document can be used when there is no living blood relative who can inherit the estate. The person who signs the affidavit is called the “heir representative.” What is an affidavit of heirship? An affidavit of…
Can You Prove Lack of Testamentary Capacity Even If There’s No Direct Evidence?
Introduction The law in Texas is clear that a person must have the mental capacity to execute a will. A testator’s mental capacity at the time of execution can be inferred from circumstantial evidence, such as when an individual executes a document with language that is inconsistent with the individual’s usual practices. If there’s doubt…