Introduction After you die, your will has to go through the probate process in order to be executed. Probate is the legal process of validating a will and distributing a person’s assets after they die. If you live in Texas, you may be wondering why your will has to go through probate. After all, it…
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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…
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…
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 When There is No Will
Probate Law without a Will The process for probating an estate when there is no will is similar to probating a will. There are several notable differences, including the heirship proceeding and the attorney ad litem. To start the probate court process, the applicant will file the following documents: Application to be appointed, Application for…
Should You Agree to Be a Texas Executor?
Duties and responsibilities to will beneficiaries under Texas estate law You may be honored to take on the responsibility of being the executor of your loved one’s will, or you may not want to deal with it. However, you do have a choice – despite how you feel, you are able to say no and…
Is Your Sister or Brother Taking Advantage of Mom’s Estate?
If a person becomes unable to take care of their financials, as the elderly population does, people may need to step in. That is where adult children come into play. An adult child may decide to help but abuse the disability. Don’t be afraid to call lawyers if you feel like your parent is being…
When Can a Will be Modified or Reformed under Texas Probate Law?
Introduction After a loved one passes away, their last will and testament becomes a legal document that must be followed in order for their final wishes to be granted. However, there are certain circumstances in which a will can be modified or reformed. In this article, we’ll take a look at when a will can…
Claims Against a Deceased Person’s Estate
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…