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…
Tag: Articles
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…
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…
The San Antonio Probate Process
Introduction Probate is the legal process of distributing a deceased person’s assets to their heirs. If you live in San Antonio, Texas and are named in someone’s will as an executor, or if you are an heir to an estate, you may have to go through probate. The process can be complicated, but this article…
Texas Probate Litigation: Failure to Deny Can Be an Admission
Introduction If you’ve ever found yourself in a situation where you’re aware a party to a probate litigation but not sure how to properly handle it, read on for some important information. Legal Terminology Worker’s Compensation Act, Non-Subscriber: Employers who do not provide workers’ compensation insurance coverage. Texas does not require such coverage, but employers…
DFW Probate Law Update: If you hold a Will, Ignorance Is No Excuse
Application for Probate More Than 4 Years After Testator’s Death A will may not be submitted to probate after the fourth anniversary of a testator’s (person who made the will) death unless it is shown that the person applying for probate was not in default in failing to bring it to probate sooner. Here default…