Legal Terminology Ad Litem Means for the suit, a person appointed such a role is responsible for a ward’s affairs in a particular aspect of litigation. Texas Probate Code, Section 608 [Now Texas Estates Code] Allows a probate court to transfer a matter from a district, county, or statutory court to itself when the matter…
Tag: Articles
When Does a Judge Deny Due Process of Law?
If a judge has a personal interest in the outcome of a case, it’s possible that a litigant may be deprived of due process of law guaranteed by the United States Constitution. But what is the test to see if the judge’s personal interest actually deprives due process? Ex Parte Ross gives us an answer.…
Can a Court Add Probate Proceedings to a Muniment of Title?
Legal Terminology Muniment of Title/Deed: Means there is no need for administration of the estate. This allows for a will to be probated quickly and cost-efficiently. Administration of an Estate: Allows for the management of the liabilities and assets of a deceased person. Probate Case In re Estate of Kurtz, 54 S.W.3d 353 (Tex. App.…
How Do You Determine Standing in Texas Probate Court?
In the Boone v. McGalley case, challenges to an applicant’s standing in probate court require a separate hearing prior to continuing with further action. Probate trial courts, without the collective designation of standing, are not able to rule on challenges and must defer to a higher court. Probate Law Terminology In Limine: means that an…
Conflicts of Law: What Law Applies?
When Two Laws Conflict Sometimes the issue arises of which state law to apply to a case. Depending on which law is applied can change the outcome of a case and what a party is held liable for. How does a court decide which law to apply? What happens when there are conflicting laws that…
Can You Bring a Law Suit Against a Texas County in Probate Court?
In a person’s will, they may leave either personal or real property to an entity rather than to an individual. They could leave land to a city, business, organization, county, or the like. What happens when there is a suit against a county rather than an individual? What is the controlling law and how is…
Can Probate Court Be the Proper Venue for a Personal Injury Case?
Can someone bring a lawsuit regarding personal injury, death, or property damage in a probate court? Let’s look at the case of Gonzalez v. Reliant Energy Co. to find out. Legal Terminology Anti-suit Injunction A remedy issued by a court in one jurisdiction that prohibits a litigant from initiating or continuing litigation in another jurisdiction.…
Restricted Appeals in Texas Probate Matters
If you are involved in a probate matter in Texas, it is important to be aware of the restricted appeal process. This process can limit your ability to challenge certain decisions made by the court, so it is important to understand how it works before you find yourself in that situation. This case helps shed…
Who Gets What under Texas Probate Laws If Someone Dies with a Will?
When someone dies with a will in Texas, the court will follow the instructions in the will to distribute the deceased person’s assets. However, if there are any questions about the will or if anyone challenges it, the court may get involved to make sure that the assets are distributed according to Texas probate law.…