Introduction When you’re making your will, one of the most important decisions you’ll make is who will serve as your personal representative. Your personal representative is the person who will be responsible for carrying out your wishes after you die, so it’s important to choose someone you trust implicitly. There are a few things to…
Tag: Articles
What Must You Prove to Contest a Will?
Introduction When someone dies, their will is supposed to be a clear document that lays out how their estate should be distributed. However, there are times when the will is contested – usually because someone believes that it’s not valid. If you find yourself in this situation in Texas, there are certain things that you…
Can a Texas probate court grant relief on something that was not explicitly in the pleading?
Introduction In Texas, probate courts have the authority to grant relief on matters that are not explicitly stated in the pleadings. This means that if there is an issue that arises during the course of probate proceedings, the court can take action to address it. Texas law gives the court broad powers to do whatever…
Alternatives to Probate: Administration of Community Property
In Texas, administration of community property can be a legitimate alternative to probate. The determination of whether property is community property or separate property can be a complex matter and is often a source of controversy during the administration of an estate. In some cases the community property laws can be used to probate the…
Alternatives to Probate: Family Settlement Agreements
Family settlement agreements are most often used to resolve probate litigation without trial. They are often used in will contests, will construction lawsuits, claims and trust modification lawsuits. They can help avoid litigation costs and uncertainty associated with trial. What Is a Family Settlement Agreement? A family settlement agreement is also useful in situations where…
Can a Testator’s Feelings About Someone Prove Fraud in Probate Court?
When a person dies, their estate must go through probate in order to be distributed to their heirs. In Texas, probate is handled by the court system, and there are certain rules and procedures that must be followed. One of the key aspects of probate is proving that the will is valid. In some cases,…
Can a Beneficiary Challenge a Fiduciary’s Actions?
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…
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…
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…