A court must have jurisdiction to enter a valid, enforceable judgment on a claim. If there is a situation where jurisdiction is lacking, litigants, through various procedures, may retroactively challenge the validity of a judgment to potentially have it rendered void. Subject matter jurisdiction is one type of jurisdiction a court must have. It is…
Tag: austin probate
Closing a Probate in Texas
After a loved one dies, it can be difficult to know what to do next. One of the things you may need to do is close their probate in Texas. This can seem like a daunting task, but luckily this article will walk you through everything you need to know! Are you the Executor or…
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.…
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…
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…
Civil and Probate Jurisdiction in Texas
Amount in Controversy and Probate Jurisdiction 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…
Texas Disclaimers in Guardianship Proceedings
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…
Tax Implications of Being an Executor in Texas
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…
Can My Ex-Spouse Get My Inheritance?
If you’re not on good terms with your ex, you might not want to hear this – but in some cases, they could actually inherit your money or property if you die without a will. It’s important to know the laws in your state so that you can plan accordingly – read on for more…