Can You Be Released from Liability in an Independent Administration? If you’ve been named as the independent administrator of a Texas probate estate, you may be wondering if you can be released from liability. The answer depends on a number of factors, including the size and complexity of the estate, and whether or not there […]
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Amount in controversy simply refers to the amount of money that is being disputed in a case. Courts may have limits on the amount of controversy that they can hear disputes over. For example, a smaller county court may only be able to hear cases where the amounts in controversy range from $200 to $20,000. If a case has an amount in controversy that exceeds that limit, the case would have to move up to a larger court. How does the amount in controversy affect the jurisdiction (ability) of a court when the case deals with matters of probate? Furthermore, how do we know if a court has jurisdiction to hear a probate case in general? Hailey v. Siglar answers these questions.
Hailey v. Siglar, 194 S.W.3d 74 (Tex. App.—Texarkana 2006, pet. filed).
In October 2002, Cecillia Siglar transferred approximately $100,000.00 of her father’s assets from his account to hers. Cecillia maintains that her father authorized the transfer. In November 2002, Mr. Siglar executed a general power of attorney appointing Cecillia as attorney-in-fact. After Mr. Siglar passed away, his son, Ricky, began probate proceedings in August 2003 Angelina County Court. Ricky was appointed independent executor in those proceedings meaning he had the responsibility of making sure his father’s assets were dispersed properly.
On December 2, 2003, Ricky filed a petition in the Judicial District Court of Angelina County to recover the funds that were transferred from Cecilia’s mother’s, Otha Siglar’s, account to Cecillia’s. Cecillia filed an answer, but did not appear at trial. The trial testimony consisted primarily of Ricky’s testimony regarding events that occurred in the final months of Mr. Siglar’s life. On February 14, 2005, the district court ordered Cecillia to pay $96,250.57 to the estate and $1,500.00 in attorney’s fees. Cecilia appealed arguing that the court did not have proper jurisdiction to hear the case and that the case should have been dealt with in a county court rather than a district court.
One of Ricky’s arguments was that the amount in controversy of the case gave the district court jurisdiction to hear the case because it was $100,000 which exceeded the monetary limits of amounts in controversy of a county court. The court of appeals held that amount in controversy does not bear any weight of the jurisdiction of a county court in probate matters. The court of Appeals further stated that the district court never obtained jurisdiction in this case and therefore their judgment on the case is void.
Although the amount in controversy of this case was $100,000 and the county court could only hear cases with amounts in controversy between $500 and $50,000, this number has no bearing on whether or not the county court could hear the case. The reason the amount in controversy is irrelevant is because that range of $500-$50,000 only applies to civil cases. The Angelina County Courts had been specifically given probate jurisdiction by the Texas Supreme Court. Because they have specific probate jurisdiction they are able to hear any probate cases that are brought to them, and because this was a case involving probate matters, the amount in controversy restrictions could not be applied to the amount in controversy of $100,000.
As a general rule under the Texas Constitution, jurisdiction in probate cases belongs to the county courts. Article 5 section 8 of the Texas Constitution says that the district court shall have “exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body.” This means essentially that a district court can hear all matters unless that matter has been specifically designated to a different court. Here, the matter of probate had been specifically designated to the county courts in Angelina County, therefore, the district court in Angelina County could not hear the case. It was found that the amount in controversy could not be applied because the county courts’ restrictions on amount in controversy only applied to civil cases not probate, and the county courts had been specifically designated the power to hear probate cases.
The court recognized the confused state of the law of jurisdiction at that time and recommended: “We suggest that the Legislature look seriously at the complicated and overlapping trial court jurisdictional requirements in this state and enact reforms to make jurisdictional requirements uniform and understandable.” Hailey at 82.
If you are going through the probate process in Austin, you may be wondering if you need to hire an experienced probate attorney. There are many benefits to hiring an attorney to help with the process. An attorney can help ensure that all paperwork is filed correctly and can represent you in court if necessary. They can also offer guidance and support throughout the entire process. If you are considering hiring an attorney, be sure to do your research and choose someone who has experience with probate in Austin. Probate is all we do. Call us TODAY at (512) 273-7444for a FREE attorney consultation.
Probate court is a court that handles the legal process of administering the estate of a deceased person, including the person’s will and any trusts they may have created. In Texas, probate courts are called “district courts.” The probate process can be complicated, and it is advisable to seek the advice of an attorney if you are named as an executor or administrator of an estate.
If you are named in someone’s will as an executor, or if the person dies without a will, you may have to go to court to settle the estate. This is called probate court.
Probate is the legal process of settling an estate after someone dies. The court supervises the distribution of the deceased person’s assets to their heirs or beneficiaries.
If the deceased person left a will, the court will appoint an executor to carry out the wishes of the deceased. If there is no will, the court will appoint an administrator to manage the estate.
The probate process can be complicated and time-consuming. It is important to hire an experienced attorney to help you navigate through this process.
A probate judge is a judicial officer who presides over probate court proceedings. In Texas, probate courts are county courts that have jurisdiction over matters related to the estate of a deceased person, including the issuance of letters testamentary or of administration and the probate of wills. The probate judge also has jurisdiction over matters involving trusts, guardianships, and conservatorships.
A probate case is a court proceeding in which a will is proved to be valid or invalid. If the will is found to be valid, the court will appoint an executor to carry out the deceased person’s wishes. If the will is invalid, the court will appoint a administrator to manage the estate.
Probate court is the court that deals with the estate of a deceased person. In Texas, the probate court has jurisdiction over the following matters:
If you have questions about any of these matters, you should contact an experienced Texas probate attorney for help.
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Introduction The writ of mandamus is a judicial mandate issued by a higher court to force a lower court or government official to perform their duties. This is not an order issued by the Supreme Court, but rather can be issued by any other court that has jurisdiction over the lower court in question. Sometimes, […]
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There are four types of disclaimers. The first type is for when an individual who received a gift or bequest disclaims all rights to the gift, thereby giving up their interest in the property and allowing the property to pass as if he or she never received it. The second type is for when an individual who was named as a beneficiary of a trust disclaims any future interest in the property. This prevents them from receiving any more benefits. The third type is for when an individual who has a power of appointment disclaims his or her right to give away part or all of that power to someone else. And finally, the fourth type of disclaimer is when someone partially disclaims their interest in a decedent’s estate, whether through probate or not.
While individuals may disclaim property to avoid certain obligations, as in the case of inheritance. Disclaimers filed in a guardianship proceeding of someone other than the deceased person whom an inheritance is being disclaimed are not considered filings under Texas probate law. The guardianship case of In re Estate of Boren gives us some guidance.
In re Estate of Boren, 268 S.W.3d 841 (Tex. App. – Texarkana 2008, pet. denied)
Sarah E. Boren (Decedent) drafted a will that listed her nephew, Richard Finley, as the independent executor of her estate and Jeanetta Finley, his mother, as the alternate/successor. If her husband, Charles Boren, did not survive her, the will instructed that the estate be divided equally between Richard and Jeanetta.
Richard had previously served as an attorney-in-fact for both Sarah and Charles, neither of which had children. After Charles was appointed a guardian, Richard’s power-of-attorney authority for Charles was revoked by the letters issuing the guardianship. Richard retained Sarah’s power of attorney authority, and originally voiced his disapproval regarding Charles’s guardian’s application to sell his real estate, but later expressed regrets regarding the familial conflict after Charles passed away. Both Charles’s brother and niece testified to Richard’s statements, and the niece had her attorney draft documents that would waive his and Jeanetta’s claims to the estate at hand.
Richard and Jeanetta both signed the waivers, but eight days after the disclaimers were filed in the guardianship, they filed revocations of the waivers and Sarah passed away. Richard applied for probate (for Sarah’s estate), and the trial court denied both the will and his appointment as independent executor. As a part of this ruling, the trial court also articulated that Richard and Jeanetta had foregone any claim to Sarah’s inheritance by signing documents that met the requirements under Texas Probate Code, Section 37A. These documents included a Waiver of Service, Waiver of Interest, and Approval and Consent to Sale of Real Property regarding Sarah’s estate.
Richard then appealed, stating several points of error that then were rejected by the Court of Appeals. The Court stated that the trial court had found Richard “unsuitable” for the role of independent executor under the authority granted by Section 78(e) of the Texas Probate Code, and that as such, it would review the trial court’s ruling under an abuse of discretion standard of review (meaning it was not limited to reviewing the sufficiency of the evidence provided). The Court stated there was evidence supporting the trial court’s determination that Richard was unsuitable for the independent executor role, and that it was not an abuse of discretion. However, it stated that the waivers were not irrevocable under Section 37(A) of the Texas Probate Code because Richard and Jeanetta had properly revoked them before they had been properly filed. The Court of Appeals reversed the trial court’s implied order (that the waiver barred Richard from Sarah’s inheritance) and remanded to the trial court for further proceedings.
When does a waiver become irrevocable?
Once the proper filing and service requirements are met, the waiver becomes irrevocable. If waivers are revoked prior to their proper filing, they are inoperative despite any intentions to disclaim inheritances (such as express statements).
Disclaimers filed in a guardianship proceeding of someone other than the deceased person whom an inheritance is being disclaimed are not considered filings under Texas probate law.
Do you need help with a guardianship or probate matter in Austin-metro area or the surrounding communities? We are experienced probate attorneys who represent clients with sensitive probate matters. If so, please give us a call us at 512-273-7444 or use the contact form to the right (–>) to see how we can help.
There are a few different ways to become a legal guardian in Texas. The most common way is to be appointed by a judge in a guardianship proceeding. Other ways include being appointed by will or deed, or being elected by a group of people who are legally authorized to do so. Becoming a legal guardian in Texas is a serious responsibility. As a guardian, you will be responsible for making decisions on behalf of another person, known as the ward. These decisions can range from everyday choices like what to wear and what to eat, to more important choices like medical treatment and financial matters.
If you are considering becoming a legal guardian in Texas, it is important that you understand the duties and responsibilities that come with the role. You should also be aware of the different types of guardianship and how they work.
If you are seeking guardianship of a child in Texas, there are some important things to know.
First, Texas law requires that the person seeking guardianship must file a petition with the court. The petition must be signed by the person seeking guardianship and must state the reasons why the person is seeking guardianship.
Second, a hearing will be held on the petition. The court will consider the best interests of the child when making its decision. The court may appoint a guardian ad litem (GAL) to represent the child’s best interests.
Third, if the court grants guardianship, the guardian will have certain rights and responsibilities regarding the child. The guardian will have the right to make decisions about the child’s education, medical care, and other important matters. Additionally, the guardian will be responsible for providing for the child’s physical and emotional needs. fourth, if you are granted guardianship, you will be required to file periodic reports with the court regarding the child’s welfare. Additionally, you may be required to attend training sessions on how to be a good guardian. fifth, if at any time you no longer wish to serve as a guardian, you can resign by filing a notice with the court.
A guardianship in Texas has a few different powers. First and foremost, a guardian has the power to make decisions about the ward’s medical care. This includes the power to consent to or refuse medical treatment, as well as the power to access the ward’s medical records. Additionally, a guardian has the power to make decisions about the ward’s education and residence. Lastly, a guardian has the power to manage the ward’s finances and property.
If you are wondering how to file for legal guardianship of a minor in Texas, there is no need to worry. The process is actually quite simple, and there is a form that you can use.
First, you will need to gather some information about the child and the parents. This includes the child’s full name, date of birth, and Social Security number. You will also need the names and contact information for the child’s parents.
Next, you will need to fill out the legal guardianship form. This form can be found online or at your local courthouse. Once you have completed the form, you will need to sign it in front of a notary public.
Once the form is signed, you will need to file it with the court. The court will then review the form and has the power to make a determination on whether or not to grant guardianship. If guardianship is granted, you will be responsible for making all decisions regarding the child’s welfare, including education and medical care.
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You may be surprised to learn that if a will cannot be located, it may still be possible to probate the estate. To do so, you’ll need to follow the proper legal procedures and file the right paperwork with the court. This article will guide you through the process of probating a lost will. What […]
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If you’re considering making an online will, you might be wondering if it’s actually legal. The short answer is yes, an online will is just as valid as a handwritten one – as long as it meets all the requirements of a regular will. Keep reading to learn more about what makes a will valid, […]
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When a person dies without having a will in place, the person who has been appointed executor is tasked with distributing all of the assets from the probate estate to those people and organizations named in the deceased’s will, or if there is no will, it falls on the executor to distribute everything at their discretion. The distribution of all assets triggers tax implications for the executor (and other parties) which must be dealt with under the applicable law.
As the executor of a estate in Texas, you may be responsible for paying taxes on behalf of the estate. This includes federal estate taxes, state taxes, and any debts the deceased owed at the time of their death.
If the estate owes any taxes, it is your responsibility to ensure they are paid in a timely manner. Failure to do so could result in penalties and interest charges.
It is important to work with a tax professional when dealing with estate taxes, as there are often complex rules and regulations involved. An experienced tax advisor can help you navigate the process and ensure that all taxes are paid correctly.
When it comes to estate taxes, the federal government and most states exempt a certain amount of money from taxation. This is typically called the “exemption amount.” In 2019, the federal exemption amount is $11.4 million per person. This means that if you are an executor in Texas and your estate is valued at less than $11.4 million, your estate will not be subject to federal estate taxes.
Texas has its own estate tax, but the exemption amount is much lower than the federal exemption amount. For 2019, the Texas exemption amount is $5 million per person. This means that if you are an executor in Texas and your estate is valued at more than $5 million, your estate will be subject to Texas estate taxes.
Fortunately, there are ways to minimize or avoid paying Texas estate taxes. One way is to create a trust. Trusts can be used to transfer property to beneficiaries without going through probate. Trusts can also be used to minimize or avoid paying taxes on the transfer of property. Another way to minimize or avoid paying Texas estate taxes is to give gifts during your lifetime. You can give gifts up to the annual exclusion amount, which is $15,000 per person
There are a few different types of property that don’t qualify for exclusion from probate taxes in Texas. These include:
-Real estate: Any real estate owned by the deceased person at the time of their death is subject to probate tax. This includes any homes, land, or other buildings owned by the deceased.
-Vehicles: All vehicles owned by the deceased person at the time of their death are subject to probate tax, including cars, trucks, boats, and RVs.
-Businesses: Any businesses owned by the deceased person are subject to probate tax. This includes sole proprietorships, partnerships, LLCs, and corporations.
-Investments: All investments owned by the deceased person at the time of their death are subject to probate tax. This includes stocks, bonds, mutual funds, and other types of investment accounts.
When it comes to taxes, the executor of an estate has a few different responsibilities. First, they must file a final income tax return for the decedent. They may also be responsible for filing state and local inheritance taxes, as well as any estate taxes that may be due. The executor is also responsible for making sure that all of the deceased person’s debts are paid, including any taxes that may be owed.
Probate money is taxed as part of the estate, and the executor is responsible for paying those taxes. The tax rate will depend on the value of the estate and where it is located. In Texas, the inheritance tax rate is 0.5% for estates valued at less than $10 million, and 2% for estates valued at more than $10 million.
If you are named as the executor of an estate in Texas, it’s important to understand the tax implications of your role. Consult with a tax professional to ensure that you are meeting all of your responsibilities and to minimize any potential liability.
If you’re the executor of an estate in Texas, you may be able to get a refund on probate taxes that were paid. Here’s how it works:
The Texas Comptroller’s office offers a refund program for certain estates that have paid probate taxes. To be eligible, the estate must have been closed for at least two years and all claims against the estate must have been settled.
If the estate is eligible, the executor can file a claim form with the Comptroller’s office. The claim form must be signed by all heirs or beneficiaries of the estate.
Once the claim form is filed, the Comptroller’s office will review it and determine whether a refund is due. If a refund is approved, a check will be mailed to the executor.
When an executor is wrapping up the estate of a deceased person, they may need to file a final tax return on behalf of the deceased. This is typically done when there are still assets remaining in the estate that need to be distributed to beneficiaries. In Texas, the executor has to file a final tax return if:
-The estate owes any taxes to the state or federal government
-The decedent died during the tax year
-The decedent was a resident of Texas at the time of their death
If any of these circumstances apply, the executor will need to file a final tax return within 9 months of the date of death.
In Texas, an executor is entitled to a fee of 5% of the first $200,000 of the estate, 3% of the next $300,000, and 2% of the next $500,000. For example, if an estate is worth $500,000, the executor would be entitled to a fee of $20,000.
As an executor, you are responsible for ensuring that the deceased person’s taxes are paid. This includes any federal, state, and local taxes. You may also be responsible for paying any taxes on the inheritance that the beneficiaries receive.
If you’re named as an executor in a will, you may be wondering if the fees you’ll earn are taxable by the IRS. The good news is that, in general, executor fees are not considered taxable income. However, there are a few exceptions to this rule.
First, if you’re paid a salary by the estate for your work as executor, that salary is considered taxable income. Second, if you receive reimbursement from the estate for expenses you incurred while performing your duties as executor, those reimbursements are also considered taxable income.
Finally, if any of the assets of the estate are distributed to you as part of your compensation for serving as executor, those assets may be subject to capital gains taxes. For example, if the estate includes a piece of property that has appreciated in value since the decedent’s death, any profit you make on the sale of that property will be subject to capital gains taxes.
If you have any questions about the tax implications of being an executor, it’s best to speak with a tax professional or an attorney who specializes in wills and estates.
In Texas, the process of probating a will is overseen by the court system. The first step is to file the will with the court and have it admitted to probate. The next step is to have the executor named in the will qualified by the court.
Probate is the court-supervised process of identifying and gathering the assets of a deceased person (the “decedent”), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. The probate process takes place in probate court.
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In Texas, a muniment of title is a judicial document that proves an individual’s ownership of real property. This document is typically used when the owner does not have a deed or other physical evidence of ownership. The muniment of title must be filed in the county where the property is located and must include […]
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Dependent Probate Administration Before filing the probate application, one has to make a choice between dependent or independent probate administration. The term “dependent administration” refers to the probate being administered by the personal representative with direct supervision by the court. As explained below, dependent administration is an extremely restrictive method for administering an estate. This […]
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