Funeral Costs & Last Expenses Paying for the Last Expenses Planning the funeral of a loved one can be very stressful. When a person dies, there will be a question as to how and when their funeral and last expenses are to be paid. Even if there is a will, unless the decedent is survived […]
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Probate is the process of administering a deceased person’s property and assets in accordance with their estate plan. At times, this can lead to disputes over the ownership and distribution of their assets. The court may be called upon to adjudicate these disputes and determine the rightful owner of property in an estate. In doing […]
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An insurance claim file can be attorney-client privileged. The attorney-client privilege is a legal principle that protects communications between attorneys and their clients from being disclosed in court. The insurance claim file is sometimes considered to be part of the attorney-client relationship if it contains confidential information about the case. The following case gives us more information:
Writ of Mandamus: an order from a court for a governmental entity to conform to their legal obligations
Humphreys v. Caldwell, 888 S.W.2d 469, 470 (Tex. 1994)
Jill Mullinax and Charlotte Farley had an automobile accident in 1991. Mullinax had State Farm insurance and was represented by Danny Humphreys and Harlan Holiner, both of whom served as claim adjusters. Farley sued Mullinax, and the case was settled prior to trial. At the same time, while this suit was pending, Farley filed another suit alleging that State Farm Humphreys, and Holiner engaged in bad faith and unfair settlement practices under Article 21.21 of the Texas Insurance Code. In response, State Farm filed a motion for summary judgment (arguing she lacked standing), which was denied.
Regarding this second case, during the discovery period, Farley asked State Farm to produce documents that State Farm declared to be privileged. These documents included the file on the car accident, information on similar claims over a five year period, and Humphreys and Holiner’s personnel files. Farley filed a motion to compel the documents, which State Farm responded to with affidavits with grounds for the exclusion of the documents. After several hearings, the trial court ordered State Farm to produce the claims file, the personnel files, and information about similar claims over the last three years.
The Supreme Court held that (1) State Farm’s affidavits were insufficient, and (2) The trial court abused its discretion in instructing the delivery of the entire claims file (the contents are attorney work product), and that an appeal by State Farm would not sufficiently remedy the situation. The Supreme Court granted State Farm’s motion for leave to file and granted the writ of mandamus conditionally, stating that the writ was only to be issued if the trial court failed to discard its claims file order/didn’t review whether work product privilege needed to be honored.
They must specifically plead immunity and provide evidence, such as affidavits or live testimony, that supports the claim. An affidavit which does not positively and unqualifiedly represent the facts as disclosed in the affidavit to be true and within the affiant’s personal knowledge is legally insufficient.
They likely contained the attorney’s mental processes, conclusions or legal theories related to their pretrial preparation.
Humphreys v. Caldwell shows that evidence conveying information that likely involves attorney-client privilege is subjected to higher scrutiny, and that the exclusion of such evidence requires sufficient support.
Do you need help with a 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 512-982-9293 or use the contact form on the right to see how we can help. –>
In the world of insurance, there is a lot of back and forth between insurer and insured. But what happens when that communication is privileged? Can an insurance claim file be attorney-client privileged? When an insurance claim involves an attorney, that claim may be considered privileged.
Any material that is subject to attorney-client privilege will be marked explicitly in the file. Any material that is subject to attorney-client privilege is usually marked as “Attorney Client Privileged.”
Most insurance policies contain a confidentiality clause that protects the insurer’s trade secrets. However, this does not mean that the information in an insurance claim file is automatically attorney-client privileged.
No, an insurance policy is not considered confidential. However, an insurance claim file may be attorney-client privileged if it contains attorney work product.
The attorney-client privilege is one of the oldest and most well-recognized privileges in the law. It is based on the principle that communications between lawyers and their clients should be confidential. The attorney-client privilege protects communications between lawyers and their clients from being disclosed without the client’s consent.
Some states consider communications between insurance firms and their policyholders privileged, which means they are not subject to discovery in a lawsuit. In other words, if you’re involved in a car accident, your insurance company can’t be forced to turn over emails or letters that you sent them.
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After a loved one dies, their property must go through probate court in order to be transferred to the rightful heirs. If you are named as the executor in the will, you will be responsible for ensuring that the process goes smoothly. Here’s what you need to know about transferring a case to probate court. […]
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A probate court is a court of limited jurisdiction that has jurisdiction over the probate of wills and the administration of estates in Texas. Probate courts are usually operated at the county level, although there are a few county-level courts that operate independently of the regular probate courts. How do you know how to pick […]
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When a person dies, his or her estate is the collection of the person’s assets at the time of death. The estate is managed by an executor, who is responsible for paying any debts and taxes owed by the deceased, as well as distributing the remaining assets according to the will. If you are the executor or administrator of an estate, you are responsible for preserving the estate’s assets until they are distributed to the beneficiaries. There are several steps you can take to preserve the estate’s assets. The key to preserving a decedent’s estate is to ensure that only the appropriate person has the ability to access assets.
After someone has died, loved ones have to figure out what to do with their belongings. This can present a number of challenges.
Texas law generally says that an interested person can act to secure or preserve property. For example, if you have a claim against the property and it is in danger of being lost, you may be able to act to protect your interest in the property. But doing so can also subject the person who does so to civil and possibly criminal liability. Where is the line between securing property and doing something that is illegal? The law is not all that clear.
It is generally recommended that items of value be documented, and precautions taken. This includes bringing witnesses with you, having police supervision during the proceedings, taking photographic evidence etc. The more information that is documented, the better.
An application for emergency intervention or a temporary probate administration may be needed to secure the decedent’s property. An emergency intervention attorney can help with this situation to secure property.
Methods of securing property depend on the type of property. For real estate, contact a mortgage holder, tenant or other interested party to ensure it will be secured. It may include changing the locks as well. Cash and/or checking account can be secured by transferring them to an account owned by the estate.
There are other property that can be more difficult to secure, such as operating businesses and digital assets, such as cryptocurrencies. Cryptocurrencies are digital assets that are used to send value between accounts.
Property located outside of Texas presents unique challenges. Some of these will be addressed later in this guide, but it is worth noting that the law of another state may need to come into play. This means filing ancillary probate in the other state, which can get complicated and expensive.
When property cannot be secured, it may be necessary to consider a temporary administration. A temporary administration is a court application that is typically used only when other options have been exhausted. In this case, it’s usually a good idea to get a probate attorney involved.
Do you need help with a 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 on our homepage to see how we can help.
The estate of a deceased person means all the assets that they own. After someone dies, there is a period in which their assets are managed by an executor or administrator and distributed to the people named in their will or living trust.
The executor or administrator of an estate is responsible for preserving the estate’s assets until they are distributed to the beneficiaries. There are several steps that the executor can take to preserve those assets.
If a person dies without leaving a will, the law of the state where he or she lived at the time of death will control the distribution of his or her property. Each state has a set of laws that govern how a person’s property must be distributed when he or she dies without a will. These laws are called “intestate succession” laws. A state’s intestate succession laws will govern the distribution of an individual’s property when he or she dies without a will.
The probate process is the process of settling a decedent’s estate after death. This process includes gathering the decedent’s assets, paying the decedent’s debts and taxes, and distributing the remaining assets to the beneficiaries.
The value of an estate is the net value of all the property of a person who has died. The gross value of an estate is the total value of all the property of a person who has died. Appraisers use the gross estate value to determine the cost of selling everything and dividing the proceeds among those who inherit.
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An executor is a person who has the legal right to manage an estate during and after the probate process. An executor is also referred to as an administrator, personal representative or estate trustee. But is an executor a “party of interest” to other proceedings, especially non probate proceedings? Legal Terminology Doctrine of Res Judicata: […]
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Probate Terms A probate case is a legal proceeding to administer the estate of a person who has died. There are common terms in probate cases that you should know. In this article, we will define some of these terms. The following is a list of the most commonly used terms in probate cases: Administrator […]
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While the will may be perfectly clear about the ownership of property, it does not automatically follow that all is well for the surviving owners. This article discusses how heirs can force the sale of property.
Can one sibling forced sale of inherited house? If a property is left in a will between several beneficiaries, is it legal for one beneficiary to refuse to sell the house? A surviving spouse or child can force a sale of property by bringing legal action against any dissenter. But if the property must be sold, each beneficiary is entitled to sell his or her share.
Here are the steps to go through if all heirs do not agree to sell the property:
The first step of the process is to go through probate. The executor of the will is responsible for filing the will with the court and for distributing the assets of the estate to the heirs. If there is no will, the court appoints an administrator. You need to go through probate, and you need the permission of the court and the siblings to sell the house. If the estate is small enough, you can ask the court to use the simplified probate process. Texas probate courts have simplified procedures that you may be able to use if the estate is small enough. If someone else has filed for probate, you need to go through probate court and you need the cooperation of all living heirs.
Homes and buildings can be extremely valuable. An appraisal is a professional’s opinion of the worth of your home or building, based on its market value. The best way to convince your siblings to sell the property is to get an outside appraiser to give you a dollar amount on the home or building. You can then split the wealth between each other and be done with the process.
Your sibling’s share could be part of your inheritance. If you want to buy that share, go through the will to find out how much they own and whether or not they are willing to sell it. If not, ask them if they would be willing to let you cash out their stake after the sale. If your brother or sister owns part of the inheritance, you might be able to work out a deal where they sell it to you. Talk with them about how much of their share they want to cash out now, and buy it from them.
A partition action is a legal proceeding in which a court orders the sale of a property. This is a major step that can be emotionally and financially difficult for a family. A partition lawsuit can happen when you share property with other people and do not agree on how to split the assets. A partition lawsuit is a legal process where a property is divided and sold, usually due to disagreement among owners. This process can be expensive and may not result in the outcome you desire. If you do not reach an agreement with the court on a buyout, then your property will be sold at auction. If you appeal, this could result in costly and damaging litigation for both parties.
Our probate attorneys are skilled in probate administration and litigation, from the initial delivery of an accurate death certificate to the final distribution of all assets according to the court order. Hire an experienced probate lawyer in the Austin-Round Rock 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.
The answer to this question depends on the state in which the property is located. In some states, the surviving siblings have the right to force the sale of the inherited property. If you aren’t interested in keeping your parents’ money, it makes sense to sell. However, if you have siblings, you are going to need all of your knowledge about the market if you want them to join you in selling too.
If you’re selling a house and your spouse, partner or any other co-owner doesn’t want to sell, this could be a serious problem. You should try to negotiate a buyout agreement with them so you can sell the property and move on. You can also file a lawsuit to compel your spouse, partner or any other co-owner to sell.
If a parent owns a house and wants to leave it to her children when she dies, she can just leave it to them in her will. But what happens if the siblings don’t want to sell the house after the parent dies? The property could be held in a family trust or possibly a share of a company that owns the house.
Parents are not obligated to leave their property to their children. In the absence of a will, the distribution of property is regulated by the law. There are many reasons why parents may not like to have their children inherit all of their property. If you do not have a will, the state will decide who gets your property after you die. You can set up a trust that distributes your property to another person instead of your children.
When someone dies without making a will, state law determines how their property will be divided, and their debts will be paid. For example, in some states, if there are no children or other relatives, the property is divided equally among the parents or siblings. When siblings inherit a deceased parent’s property, their desire to divide the property equally puts them in conflict with each other. The key is to figure out the deceased person’s intentions behind the distribution of his estate.
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