Tag: austin probate

  • When Heirship Status Becomes a Texas Jurisdiction Matter

    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 the requirement that a court has power to hear the specific kind of claim that is brought to that court. What happens when a court that has already made a ruling is found to have lacked subject matter jurisdiction? How can you tell if a court will have subject matter over your case? Jeter v. McGraw answers these questions.

    Probate Case

    Jeter v. McGraw, 218 S.W.3d 850 (Tex. App. 2007)

    Facts of the Case:

    Leonard Jeter, who was born out of wedlock, brought action declaring him an heir of his alleged biological father and a 50% interest owner of certain real property. Jeter also sought to partition the property. The trial court entered in favor of the opposing party. Their ruling was reversed, and the matter was remanded (returned to the court). On remand, the 1st District Court, Jasper County, granted partial summary judgment in favor of defendants on the heirship issue, denied Jeter’s motion for partial summary judgment, and partitioned the property in question, awarding Jeter a one-fourth interest in the property. Summary judgment occurs when a court grants a ruling to a party involved without a full trial. Jeter appealed and the case was brought to the court of appeals. The court of appeals found that the district court lacked subject matter jurisdiction to rule on Jeter’s heirship status, so they dismissed the case.

    What This Case Means:

    Subject matter jurisdiction exists by operation of law and cannot be conferred on a court by consent or waiver. This means that while a party may waive personal jurisdiction, they cannot under the law waive subject matter jurisdiction. Lack of subject matter jurisdiction renders a judgment void rather than merely voidable since a court must have it to make a proper ruling.

    Exclusive original jurisdiction to determine heirship is conferred upon the county court sitting in probate, and the district court has no such original jurisdiction. This means that heirship cases must be heard in probate court. Jeter’s case was heard in a district court. In the instant case, Jeter’s suit requires a threshold determination of his heirship status prior to any judgment of his entitlement to any of the real property. Essentially, his heirship status needs to be decided in a probate court before a court can make any rulings on his claimed interest in the property. This determination is required here because there is no record evidence that Jeter qualifies as a “legitimate child of his father” for inheritance purposes under the applicable law.

    Because Jeter’s petition pleads his entitlement to one-half of “his father Maine Jeter’s estate as a surviving child,” and because of the complete absence of record evidence that would permit Jeter to be considered a “presumed child” or an otherwise “legitimate child of his father,” the determination of Jeter’s heirship status becomes a threshold matter (meaning it must be dealt with before anything else), and any resolution as to Leonard’s right to or interest in the tracts of land in question is secondary to his establishing a right to inherit from Maine.

    Do you need an Experienced Attorney to help with a Probate Matter?

    When you lose a loved one, the last thing you want to deal with is probate. But if your loved one didn’t have a will or named beneficiaries, probate may be necessary to settle their estate. And if your loved one lived in Texas, the process can be even more complicated.

    That’s because Texas has a unique jurisdiction system when it comes to probate. Unlike other states, which have either district or county courts handle probate matters, Texas has both. So if you’re dealing with a probate matter in Texas, you need an experienced attorney who knows how to navigate the state’s jurisdiction system.

    At Kreig LLC, we only handle Texas probate matters. We know the ins and outs of the state’s jurisdiction system, and we can help you through every step of the process. Contact us today for a free consultation. (512) 273-7444.

    https://austin-probate.com/

    What is an affidavit of heirship?

    An affidavit of heirship is a document used in Texas to establish the identity of an individual’s heirs. The affidavit is usually filed with the court by the executor or administrator of an estate, but it can also be filed by any interested party. The purpose of the affidavit is to provide evidence of the identity of the deceased individual’s heirs so that the estate can be properly distributed.

    Affidavits of heirship are generally used when the deceased died without a will, or when the will is contested. They can also be used in other circumstances, such as when the identity of an heir is unknown or disputed.

    To create an affidavit of heirship, the affidavit must gather information about the decedent’s family members and other heirs. This includes collecting birth and death certificates, marriage licenses, and other relevant documents. Once all of the necessary information has been gathered, it must be presented to a notary public, who will then sign and date the affidavit.

    After the affidavit has been created, it must be filed with the court. Once it has been filed, it becomes a matter of public record.

    How to transfer property after death of parent in Texas?

    If you are the heir to your parent’s estate in Texas, there are a few things you need to know about transferring the property. First, you will need to file a petition for probate with the court. This is necessary to establish your heirship status. Once that is done, you will need to have the property appraised and then file a notice of death with the county clerk. After that, you will be able to transfer the property to your name.

    How to get an affidavit of heirship in Texas?

    If you’re looking to get an affidavit of heirship in Texas, there are a few things you’ll need to do. First, gather all of the necessary documentation. This includes things like a death certificate, will, and any other legal documents that prove you are the rightful heir. Next, contact an experienced probate attorney who can help you navigate the process and ensure that everything is done correctly. Finally, file the affidavit of heirship with the court and provide all required documentation. Once everything is filed, you’ll be able to move forward with your claim.

    What is the purpose of an affidavit of heirship?

    An affidavit of heirship is a legal document that is used to establish the identity of an individual’s heirs. This document is often used in situations where an individual has died without leaving a will, or when the identity of the heir is in question. The affidavit of heirship can be used to establish ownership of property, to settle estate matters, or for other legal purposes.

    Who can file an affidavit of heirship in Texas?

    In Texas, anyone can file an affidavit of heirship. However, the person filing the affidavit must be able to show that they have personal knowledge of the facts stated in the affidavit. Additionally, the person must be 18 years of age or older and must not be a party to the estate.

    The post When Heirship Status Becomes a Texas Jurisdiction Matter appeared first on Austin Probate Attorney, Kreig LLC.

  • 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 Administrator of a Will or Estate?

    When a loved one dies, the process of closing their estate can be overwhelming. If the deceased left behind a will, the executor named in the will is responsible for ensuring that the estate is properly closed. This includes filing any necessary paperwork with the court, distributing assets to beneficiaries, and paying off any debts or taxes owed by the estate.

    In Texas, the probate process is governed by state law. The executor must file a petition with the court to open probate, and then follow the court’s instructions for closing the estate. The entire process can take several months to complete.

    While going through probate can be daunting, it is important to remember that you are not alone. There are many resources available to help you through the process, including online forums, support groups, and books about probate in Texas. With a little research and patience, you can successfully close your loved one’s estate.

    When a Probate Estate Can be Closed: Steps, process, and procedure

    When all of the debts and taxes have been paid, and all of the assets have been distributed, the probate estate can be closed. The executor or administrator files a “Petition to Close Estate” with the court, and after a hearing, the court will issue an order closing the estate. Once the order is signed by the judge, the estate is officially closed.

    Do Nothing, AKA Informal Closing

    In Texas, the law provides that you can close a probate informally if all the beneficiaries agree on how to distribute the estate and there are no creditors. You don’t even have to go to court. All you have to do is file a document called an “Affidavit of Informal Probate” with the county clerk where the decedent died. The affidavit must be signed by all the beneficiaries and state that they agree on how to divide up the estate.

    If there are no objections from creditors or other interested parties, and everyone agrees on how to distribute the assets, then this is the easiest way to close a probate in Texas. It’s important to note, however, that if there are any disagreements later on, you will not have the protection of the court system. So if someone later claims they were cheated out of their inheritance, there’s nothing stopping them from going after the estate.

    Closing Report: Final Accounting

    It’s always a good idea to have a solid understanding of the probate process before you begin. This way, you can be sure that everything is being handled correctly and efficiently. After all, no one wants to deal with the stress of probate if they don’t have to.

    The good news is that, in most cases, closing a probate in Texas is a relatively simple process. Here’s what you need to know:

    1. The first thing you’ll need to do is file a “Closing Report” with the court. This report will let the court know that the estate has been settled and that all debts have been paid.

    2. Once the Closing Report has been filed, the court will issue an “Order of Discharge.” This document essentially closes the estate and releases the Executor from any further responsibility.

    3. Finally, you’ll need to file a “Satisfaction of Debt” with the court. This document proves that all debts owed by the estate have been paid in full. Once this has been done, the probate process is officially over!

    Keep in mind that these are just general guidelines – every probate case is unique and may require different closing actions.

    Notice of Estate Closing

    It’s always a good idea to let your friends, family, and loved ones know when you’re closing a probate. After all, they may be wondering what’s going on with the estate and when they can expect to receive their inheritance. Sending out a notice of estate closing is a courtesy that will let everyone know the status of the probate and when it will be wrapped up.

    If you’re closing a probate in Texas, there are a few things you need to include in your notice. First, you’ll need to list the decedent’s name and date of death. You’ll also need to provide your contact information, as well as the contact information for the executor or administrator of the estate. Finally, you’ll need to include a statement that the probate is being closed and that all claims against the estate must be filed within 30 days.

    Sending out notices is just one of the many tasks that come along with closing a probate. But it’s an important one, so be sure to do it right!

    Petition for Judicial Discharge: Go to the law courts for a hearing

    After the executor has filed all of the required paperwork and paid all debts and taxes, they can file a Petition for Judicial Discharge with the court. Once this is done, the court will issue an Order Discharging Executor, which officially releases them from their duties.

    Conclusion

    When a person dies, their estate goes through a process called probate. Probate is the legal process of distributing a person’s assets after they die. If you are named in someone’s will as an executor, it is your responsibility to close the probate and distribute the assets according to the will. Depending on the size of the estate and whether or not there is any disagreement among the heirs, closing a probate can take anywhere from a few months to a few years. In Texas, there are certain steps that must be taken in order to close a probate successfully. With careful planning and attention to detail, you can ensure that the probate is closed properly and efficiently.

    Do you need the help of an Experience Attorney for an Austin Probate?

    If you are going through the process of probate in Texas, you may be wondering if you need to hire an attorney. While it is not required, there are many benefits to having an experienced attorney by your side. Here are a few reasons why you may want to consider hiring an attorney for your Austin probate:

    1. An experienced attorney can help guide you through the complicated process of probate and ensure that everything is done properly.

    2. An attorney can help you avoid making costly mistakes during the probate process.

    3. If there are any disputes among family members or creditors during probate, an attorney can help resolve them.

    4. An attorney can help protect your interests and make sure that the estate is distributed according to your wishes.

    If you are considering hiring an attorney for your Austin probate, contact Kreig LLC today. Our attorneys only handle probate matters in Texas and we can provide you with the guidance and representation you need during this difficult time. Call us today for a FREE consultation. (512) 273-7444.

    https://austin-probate.com/

    Related Questions

    How long does it take to complete probate in Texas?

    The probate process in Texas typically takes between six and twelve months, depending on the size and complexity of the estate. If the estate is small and there are no disputes among the heirs, the process may be completed relatively quickly. However, if the estate is large or complicated, or if there are disagreements among the heirs, the process may take longer.

    How do you close a probate in Texas?

    The process of closing a probate in Texas is not as complicated as one might think. The first step is to file a petition with the court, which will then appoint an executor to handle the estate. Once all debts and taxes have been paid, the executor can then distribute the assets to the beneficiaries. Finally, the court will issue an order closing the estate.

    How long do you have to close an estate in Texas?

    The independent administration of an estate is considered closed 30 days after the date of the filing of a closing report or notice of closing estate unless an interested person files an objection with the court within that time.

    What happens after probate in Texas?

    Depending on the type of probate estate, different things may happen after probate is closed. For example, if the deceased person left behind a will, the executor named in the will is responsible for distributing the assets according to the terms of the will. If there is no will, then the court will appoint an administrator to handle the distribution of assets. After probate is closed and all debts and taxes have been paid, any remaining assets will be distributed among the heirs or beneficiaries. The process of distributing assets can be complicated, so it’s important to seek legal advice if you are an heir or beneficiary of a probate estate.

    How to probate a will in Texas?

    When a person dies, their property must go through probate in order to be distributed to their heirs. Probate is the legal process of proving that a will is valid and that the deceased person’s property is properly distributed according to their wishes.

    If the deceased person left a valid will, the executor named in the will is responsible for opening probate and distributing the estate according to the terms of the will. If the deceased person did not leave a will, their next of kin must open probate and distribute the estate according to Texas state law.

    Opening probate can be a complicated process, so it’s important to seek legal help if you’re unsure of how to proceed. Once probate is open, the executor or administrator must give notice to all interested parties, including creditors and heirs. They must also inventory and appraise all of the deceased person’s property.

    After all debts and taxes have been paid, the executor or administrator can then begin distributing the estate according to the terms of the will or Texas state law. Once everything has been distributed, probate can be closed.

    If you’re facing the task of closing a probate in Texas, seek legal help to ensure that your rights and interests are protected.

    The post Closing a Probate in Texas appeared first on Austin Probate Attorney, Kreig LLC.

  • 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.

    Indigent:

    A person who does not have adequate resources to obtain basic necessities, defendants within this category have a constitutional right to state-funded or court-appointed representation.

    Criminal Case

    Ex Parte Ross, 522 S.W.2d 214 (Tex.Cr.App. 1975), cert. denied, 423 U.S. 1018, (1975)

    Facts & Procedural History: Example of Fundamental Rights

    Ross (Petitioner) pled guilty to the misdemeanor offense of driving while intoxicated and was convicted in the Hansford County Court in the State of Texas on September 26, 1974. Petitioner filed a habeas corpus application in the 84th Judicial District Court of Hansford County, alleging that his trial was carried out in a manner that deprived him of his constitutional rights regarding due process and equal protection. The District Court denied Petitioner’s application, holding that: (1) the trial met constitutional and statutory requirements; and (2) Petitioner failed to meet the requisite standard (preponderance of the evidence) within his application. The Court found that Petitioner had voluntarily waived his right to counsel (despite him being indigent) and his right to trial by jury. The Court stated that the judicial officer (the judge) who tried the case had not impeded Petitioner’s right to a fair and impartial hearing or his right to counsel. In addition, nothing in the original complaint suggested issues with Petitioner’s mental state at the time of the offense, and the sworn testimony used supported the allegations made against the petitioner.

    The Court of Criminal Appeals affirmed the judgment of the District Court, holding that: (1) where a judge had interest in county expenditures (serving as chief administrator of county and the presiding officer of county commissioner’s court) such expenditures did not prevent them from being impartial in a case’s outcome; (2) criminal intent was not an essential element to the offense of driving while intoxicated; (3) a trial of a criminal case before a non-attorney judge did not violate due process; (4) adequate evidence existed supported the district court’s finding that petitioner knowingly and voluntarily waived his right to counsel; and (5) that the statute’s requirement that a defendant must have counsel representation before the defendant’s waiver of a trial by jury could be accepted did not deny Petitioner due process or equal protection of the law.

    For the first issue, the Court found that Petitioner failed to show a reasonable probability that the judge’s interest in the economic and financial affairs of the county caused him to deny the petitioner effective assistance of counsel (Petitioner had claimed that the judge’s two positions meant that he was vitally interested in county expenditures, including the appointment of counsel for indigents). For the second issue, the Court stated that the only elements for driving while intoxicated were intoxication and driving upon a highway in such a condition, so Petitioner’s argument (that complaint upon which his conviction was founded failed to allege his culpable mental state, thereby making his conviction void) was invalid because criminal intent was not an element. For the third issue, the Court determined that there is no constitutional or statutory requirement in Texas that a county judge be an attorney. The only qualification concerning legal knowledge or training was that a county judge be well versed in the law of the State. For the fourth issue, the Court stated that Petitioner’s stance lacked merit because he had previous experience with criminal proceedings and waivers of counsel (previous experience can show a waiver was knowingly and intelligently made) and that the record for the trial at issue included Petitioner’s testimony that he understood the process. For the fifth and final issue, the Court declared that no authority held that the right to assistance of counsel prior to waiver of trial by jury in a criminal case was a fundamental right under due process of law.

    Main Considerations

    When does a judge deny a defendant due process of law?

    Where a judge has a direct, personal, and substantial pecuniary interest in reaching a verdict against the defendant, due process of law is deprived. The test used to determine whether due process is offended is whether the judge’s situation is one that would tempt the judge to forget the burden of proof required to convict the defendant, or which might lead him not to properly balance the needs of the state and the accused.

    Is criminal intent an element of driving while intoxicated on a public highway?

    No, the only elements are (1) intoxication; and (2) driving on a public highway in such a state.

    The Takeaway

    Ex Parte Ross shows that: (1) judges can be considered impartial despite their occupancy in different judicial positions and non-attorney status; and (2) criminal intent is not an element of the offense of driving while intoxicated.

    Do you need an Experienced Probate Litigation Attorney?

    If you are the legal representative of a deceased person and you believe that any legal process or proceeding currently pending against their estate is improper, you should immediately seek the assistance of an experienced probate litigation attorney. A probate litigation attorney can provide invaluable assistance in defending any legal challenge to a deceased person’s estate. Call us today for a FREE consultation. (512) 273-7444.

    https://austin-probate.com/

    What is meant by the due process of law?

    Due process of law is a term used in American jurisprudence that refers to the fundamental principles by which a person must be given notice and an opportunity to be heard before their rights are violated. To receive due process, a person must have notice of the charge against them, be given an opportunity to present a defense, and have a fair trial.

    There are many factors that can affect whether or not someone receives due process of law, including the severity of the crime, the jurisdiction in which the case is being tried, and the accused’s socioeconomic status.

    Is due process a constitutional right?

    Due process is a constitutional right that many people believe is fundamental to our legal system. Due process rights protect individuals from unlawful government actions. Due process rights typically involve specific steps that must be taken before a person can be deprived of their liberty or property.

    There is no single answer to when due process rights may be violated, as each case will require examination of the specific facts and circumstances involved. However, some factors that may suggest a due process violation include: an excessive delay in proceedings; an improper interference with the right to a fair trial; and the use of arbitrary or abusive procedures.

    What is due process of law and why is it important?

    Due process of law is a fundamental principle of the United States Constitution that guarantees individuals the right to due process, which is a series of steps that must be followed when government attempts to take away their rights. This guide will explain what due process of law is, and why it’s so important in a free society.

    What is Due Process of Law?

    Due process of law is a fundamental principle in the United States Constitution that protects citizens from arbitrary government action. Due process consists of five basic steps: (1) an individual must be notified of the charges against him or her; (2) a timely opportunity to be heard in a public setting; (3) access to evidence against oneself; (4) the right to counsel; and (5) the right to be presumed innocent until proven guilty. These rights are essential for ensuring that all individuals have an opportunity to defend themselves in a fair trial.

    Why is Due Process of Law Important?

    Due process of law is one of the most important principles in a democracy. It ensures that everyone is treated fairly and that the government cannot unfairly punish someone. Due process of law also protects people from being arbitrarily arrested or taken away from their homes.

    What are the Protections Due to Due Process of Law?

    Due process of law is a set of principles and rules that protect individuals from arbitrary government action. These protections include the right to be informed of the charges against them, to be heard in a fair trial, and to have the assistance of counsel if they choose to have one. Due process is essential for protecting individuals from unjustified government interference in their lives.

    Due process of law is important because it helps ensure that everyone is treated fairly and with respect. Without due process, governments could arbitrarily punish people without justification or appeal. This would violate the rights of innocent people and could ultimately lead to chaos and anarchy.

    Due process of law is a cornerstone of our democratic society and must be protected at all costs.

    Conclusion

    Due process of law is an important principle that ensures that everyone in a legal system has the same rights and is treated fairly. It’s essential that due process is followed when someone is accused of a crime, since it allows for a fair trial and protects the individual from improper or unlawful treatment by the government. Thank you for reading!

    What is due process in the constitution?

    The Constitution of the United States is the supreme law of the land and sets forth the fundamental principles of American government. Due process is a fundamental principle of American law that requires that all people be treated equally under the law and have a fair opportunity to defend themselves in a legal proceeding.

    Due Process in the Constitution

    Due process is a fundamental principle in the United States Constitution. It protects citizens from arbitrary government action. Due process includes the right to be heard in a legal proceeding, the right to be informed of the charges against you, and the right to a fair trial.

    What is Due Process?

    Due process is a fundamental principle in the United States Constitution that mandates that all individuals be given fair and equal treatment before being subjected to government action. The Fifth Amendment to the Constitution specifically protects individuals from having their “rights … deprived” without due process of law. Due process is also a common legal doctrine used in cases involving government action, such as property seizures or imprisonment.

    Due process is often defined as the four steps necessary for a person to have their rights protected: notice, an opportunity to be heard, an impartial decision-maker, and a right to appeal. Notice typically requires the government to provide its reasoning for wanting to take an individual’s property or impose punishment on them. The opportunity to be heard typically requires the individual being punished or seized with their lawyer present so they can argue against the government’s decision. An impartial decision-maker is necessary in order for justice to be served, and lastly, the right to appeal ensures that individuals can have their case reviewed by a higher authority if they feel their rights were not properly protected.

    Due process has been a bedrock principle of American justice since its inception, and it remains essential in protecting individuals from unjustified government action.

    The Four Elements of Due Process

    The Four Elements of Due Process in the Constitution are: notice, an opportunity to be heard, a fair hearing, and the right to appeal. Notice is when the government gives the person accused of a crime an opportunity to be heard. The right to be heard means that the person has the right to be heard in a public setting and have their lawyer present. A fair hearing means that the person has the right to be treated fairly by the government and their lawyer. The right to appeal means that if the person feels that they were not treated fairly during their trial or hearing, they have the right to go to a higher court to get their case reviewed.

    The Right to a Fair Trial

    The Constitution protects citizens from being deprived of their due process rights. This means that individuals must be given the opportunity to have a fair trial before being punished. The Constitution also provides for certain rights, such as the right to a public trial, which protect citizens from unfair treatment in court.

    The Right to Remain Silent

    The Fifth Amendment to the United States Constitution guarantees all persons the right to remain silent. This amendment was added to the Constitution in 1791, after the American Revolution. The amendment states that “No person … shall be compelled in any criminal case to be a witness against himself.”

    This amendment protects citizens from being forced to incriminate themselves, and ensures that they have the right to refuse to answer questions or provide testimony in a criminal trial. This protection is important because it allows citizens to protect their privacy and dignity, and prevents them from being coerced into testifying against themselves.

    The right to remain silent also applies in civil proceedings, such as lawsuits. In these cases, defendants have the right to refuse to answer questions on the grounds that they may incriminate themselves. They also have the right to have an attorney present during questioning.

    The Right to Habeas Corpus

    The right to habeas corpus is one of the most important rights in the US Constitution. It is a legal principle that allows prisoners to challenge their detention in court. The habeas corpus clause states: “No person … shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger.” This means that anyone can be detained without being charged if they are believed to be guilty of a crime only if they have been indicted by a grand jury and are currently serving in the military or militia.

    Conclusion

    Due process of law is a fundamental right guaranteed by the United States Constitution. It protects individuals from arbitrary government action, and it requires the government to follow certain procedures before taking any action that could impact someone’s rights. Due process includes the right to be heard in a hearing, the right to know what evidence will be used against you, and the right to have an attorney present during your interrogation or trial.

    The post When Does a Judge Deny Due Process of Law? appeared first on Austin Probate Attorney, Kreig LLC.

  • 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 could change the outcome of a case? Greenberg Traurig of New York, P.C. v. Moody answers these questions.

    Greenberg Traurig v. Moody, 161 S.W.3d 56 (Tex. App. 2005)

    Facts of the Case: Meaning and Definition

    The investors of a Delaware corporation called IFT brought fraud actions against the law firm that represented them, Greenberg Traurig. IFT was a corporation that was formed to design, develop, and market biotech indoor aquaculture production and processing facilities. As counsel for IFT Greenberg Traurig agreed to represent IFT “in connection with both the Company’s general corporate affairs and a proposed initial public offering, together with other attendant corporate and [Securities and Exchange Commission] matters.” Essentially Traurig’s responsibilities were to represent IFT accurately and responsibly to its investors and ensure that IFT was complying with the securities laws.

    The investors of IFT brought charges against Traurig alleging that Traurig was non-compliant with the securities laws. They brought charges of fraud against Traurig which the trial court found Traurig guilty of under Texas law. On appeal, the court of appeals found that the trial court erred in applying Texas law to the case, and that they should have applied New York law. Applying New York law, the court of appeals reversed the decision of the trial court that granted the investors to receive compensation for their private claims since under New York law the investors had no right to a private claim. The court of appeals did however uphold the trial court’s ruling that Traurig acted with an intent to defraud the investors.

    What This Case Means: Rules, Principles, and Provisions

    A conflict of laws arises when a court must decide which law to apply to a case because the laws that could potentially apply would have varying outcomes changing the court’s decision of the case. Here, the trial court applied Texas law to all of the claims against Greenberg Traurig. Greenberg Traurig, however, asserted that New York law should be the law applied. The investors bringing the claims against Traurig argued that Traurig had already waived their right to argue this point; however, the court of appeals disagreed with this argument. The court of appeals found that Traurig had in fact preserved their right to argue this point because they had asserted to the trial court in several ways how New York law was applicable to this case.

    A party may waive certain rights in court if they are not brought up soon enough in the trial process. If a party does not raise certain arguments at the trial court level, that party waives their right to bring that argument up later in the appeals process or further down the line. Some arguments may be brought up at any point in the trial process; however, a conflict of laws issue must be brought up at the trial court level. Had the court of appeals found that Traurig did not raise this issue in the trial court, then Traurig would not be able to argue this to the court of appeals. The court of appeals did find that Traurig raised this issue in trial court and therefore, it was still up for review.

    Since the issue was still up for review, it was then the court of appeals’ job to find which state law should actually apply. In Texas, a conflict of laws issue is solved using a method called “the most significant relationship test.” This essentially means that Texas courts, when determining a conflict of laws issue, look to find which state has the most meaningful connections with and interests in the parties and transactions. Here, the claims against Traurig can be grouped into two categories: 1) fraud-based claims and 2) conspiracy claims. The court of appeals needed only to analyze the fraud-based claims to determine the conflict of laws issue as there is no substantive difference between Texas law and New York law in regards to conspiracy claims.

    The general factors of the most significant relationship test that are most applicable here are: the needs of the interstate and international systems, the relevant policies of the forum, the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue, the protection of justified expectations, the basic policies underlying the particular field of law, the certainty, predictability, and uniformity of result, and the ease in the determination and application of the law to be applied. These general factors can be boiled down into more specific topics that the court of appeals used to determine what should be the controlling law. These more specific topics include contacts in the state (referring to people, corporations, and relationships related to the suit) and where the incidents giving rise to the suit took place.

    In the trial court the Investors asserted a variety of allegations against several different parties. Some of the allegations were aimed at IFT and its principals, with whom the Investors had personal contact and direct dealings, while other allegations were aimed at defendants like Greenberg Traurig, with whom the Investors had no contact and no direct dealings. This important distinction greatly impacts the conflict-of-laws analysis as the personal contact and direct dealings would create a more significant relationship than the indirect and non-contact would.

    Significantly, all the events relating to the Investors’ claims against Greenberg Traurig occurred outside of Texas. Although the Investors lived in Texas, there was little other connection with Texas. Most of the original parties being charged were residents of New York or Pennsylvania. The meetings and communications between the Investors and one or more alleged conspirators took place outside of Texas. Most corporations involved were based in New York or Pennsylvania. IFT’s facilities were located in Pennsylvania and Maine.

    The conduct alleged to have caused the Investors’ injuries occurred mostly in New York and, to a lesser extent, in Pennsylvania, the Texas interests were far less significant given all considerations. The court of appeals found that New York, as the central point of most of the alleged fraudulent acts and as Greenberg Traurig’s principal place of business, had the greatest interest in the case, the closest connection, most contacts, and therefore, should be the controlling law. Under the “most significant relationship” test, the court found that Texas lacked the contacts with, or interests in, the litigation that could support a finding that it had the most significant relationship.

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    If you are involved in a legal dispute, it is important to understand which law applies. The law that applies in a particular case is known as the “conflict of law.” The conflict of law can be complex, and an experienced attorney can help you navigate the different laws that may apply to your case. Call us today for a FREE attorney consultation. (512) 273-7444

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    What are conflicts of law principles and theories? Choice of law?

    There are numerous conflict of law principles, which can be generally classified into two groups: choice of law and recognition and enforcement of judgments.

    Conflicts of law principles governing the choice of law, also known as lex loci, require that the courts apply the law of the jurisdiction with the most significant relationship to the subject matter of the dispute. This is often the jurisdiction where the events giving rise to the litigation occurred, but not always. For example, in a contract dispute involving parties from different states, the state where the contract was made may have little connection to the rest of the parties or subject matter, and so another state’s laws might be more appropriate.

    The conflict of law principles governing recognition and enforcement of judgments, also known as comity, require that courts give deference to judgments issued by courts in other jurisdictions. This is based on the notion that it is unfair for a party to have to litigate the same issue twice, in two different jurisdictions. However, there are limits to comity, and a court may decline to recognize or enforce a foreign judgment if doing so would violate public policy.

    There are two types of conflicts that can arise in our legal system: jurisdictional conflicts and choice of law conflicts. Jurisdictional conflicts occur when there is more than one court that has the authority to hear a case. Choice of law conflicts occur when there is more than one legal system that could be used to resolve a dispute.

    What is an example of conflict of law?

    There are many examples of conflict of law, but one common one is when two people live in different states and get divorced. If they have children, the custody arrangement may be decided based on the laws of the state where the child lives, rather than the state where the parents live.

    Which type of law is used to help resolve disputes?

    When two parties have a dispute, the law that is used to help resolve the issue is called conflict of law. There are many different types of law, so which one is used can depend on the specific situation. If the dispute is between two businesses, for example, contract law may be used. If the dispute is between two countries, public international law may be used. And if the dispute is between two people, family law may be used. The type of law that is used in a particular case can have a big impact on the outcome, so it’s important to choose the right one.

    An example of when federal and state laws conflict

    When it comes to the law, there are times when federal and state laws can conflict with each other. A recent example of this is when the state of California passed a law that made it legal for people to use marijuana for medicinal purposes. However, under federal law, marijuana is still considered an illegal drug. This created a conflict between the state and federal government, with each side arguing that their respective laws should be followed.

    In cases like this, it’s usually up to the courts to decide which law should take precedence. In the case of California’s medicinal marijuana law, the courts have so far sided with the state, ruling that people who use marijuana for medicinal purposes should not be prosecuted under federal law. However, this is just one example of how federal and state laws can conflict, and it’s likely that there will be more conflicts in the future as states continue to pass their own laws on various issues.

    What is Private International Law?

    Private international law is the body of law that governs cases with a foreign element. This can include anything from cross-border business transactions to personal injury cases that occur in another country. When a case has a foreign element, it can be difficult to determine which country’s laws should apply. This is where conflicts of law comes in. Conflicts of law is the body of law that governs how to determine which country’s laws apply in a given situation.

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  • 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 some light on the restricted appeals process.

    Service of Citation: legal notice of the filing of the case to the opposing party.

    Restricted Appeal: an appeal of specific aspects of a judgment rather than the judgment in its entirety.

    Rule 21 & Rule 21(a), Texas Rules of Civil Procedure: states that any amended pleading must be served on an answering party.

    Presumption of Revocation: when a will was last known to be in the decedent’s possession and cannot be located after death, a rebuttable presumption of revocation arises.

    Probate Case

    In re Estate of Wilson, 252 S.W.3d 708, 2008 Tex. App. — Texarkana (2008, no pet.)

    Facts & Procedural History: Hearing

    Shelli Kay Wilson (Testatrix) filed an application to probate a will and have letters testamentary issued on December 20, 2006. Testatrix and Leslie Wayne Wilson (Decedent) had drafted the will using internet forms. After Decedent’s death, the original will could not be found. Brett Lee Wilson (Appellant) received service of citation on December 23, 3006. On January 3, 2006, Testatrix filed an amended application for probate. Shortly afterwards, the trial court held a hearing and admitted a copy of the will to probate. Appellant did not appear at the hearing, nor did he file a timely contest. Testatrix also testified at the hearing that Appellant had no intention to oppose the application. However, on March 22, 2007, Appellant filed a motion for new trial and an opposition to the probate of the will. Appellant stated that the motion was timely and met the requirements of Rule 306(a) of the Texas Rules of Civil Procedure.

    After the trial court denied Contestant’s motion, he appealed. The Court of Appeals reversed and remanded the case back to the trial court. The Court held that: (1) Testatrix was not required inform Contestant of her amended petition to probate the will; (2) the presumption of revocation had not been rebutted through legally sufficient evidence; and (3) the appropriate remedy was not to render judgment, but to reverse the trial court’s judgment and remand the case for further proceedings.

    For the first issue, the Court stated that Rule 21 of the Texas Rules of Civil Procedure (which Appellant argued applied to probate proceedings) did not apply to will contests. Therefore, Testatrix was not required to notify Appellant that the application had been amended. For the second issue, the Court determined that the evidence provided (namely an affidavit submitted by Testatrix) was not enough to rebut the presumption because it did not explain why the original will could not be located. For the third issue, the Court stated the decision not to render judgment was proper because Appellant requested a remand in his brief and the facts were not fully developed (since there was no contest to the will’s probate).

    Main Considerations: Process of Appealing a Judge’s Decision

    Does a restricted appeal offer the same scope of review as an ordinary appeal?

    Yes, such an appeal gives an appellant a review of the entire case. The sole restriction is that the error must be visible within the record. Documents within the record include all papers on file in the appeal, the statement of facts, and the reporter’s record. This means that evidence not provided to the trial court prior to the final judgment may not be included.

    What are the requirements of a restricted appeal?

    An appellant must show that: (1) within six months of the judgment being issued, they filed notice of the restricted appeal; (2) they were a party to the underlying lawsuit; (3) they did not participate in the hearing that led to the judgment at issue and did not file any post-judgment motions or requests findings of facts or legal conclusions; and (4) the error is reflected within the record.

    How can the presumption of revocation be overcome?

    This presumption can be overcome through: (1) proof and circumstances suggesting that the testator did not intend to revoke the will or (2) evidence that another person fraudulently destroyed the will. In addition, recognition of a will’s continued validity and the testator’s continued affection for the chief beneficiary under the will (without the existence of evidence showing that the decedent was dissatisfied/wanted to change the will) can rebut the presumption of revocation of a missing original will.

    The Takeaway

    In re Estate of Wilson shows that, when an appellate court upholds a legally sufficiency issue, the proper remedy is to reverse and remand the case back to the lower court.

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    What happens if you lose an appeal?

    If you lose an appeal in a Texas probate matter, you may be able to file a restricted appeal. A restricted appeal is a type of appeal that is available only in certain circumstances. You must meet all of the requirements for a restricted appeal, and you must file your appeal within the time limit set by law. If you do not meet all of the requirements or if you miss the deadline, you will not be able to file a restricted appeal.

    How to appeal a court decision?

    If you’re not happy with a court decision in your probate case, you can file an appeal. Here’s how:

    1. Talk to your lawyer. You’ll need to file a notice of appeal and other paperwork with the court, and you’ll need to do it within a specific time frame. Your lawyer can help you with this.

    2. File a notice of appeal. You’ll need to file this with the court that made the decision you’re appealing, and you’ll need to do it within 30 days of the court’s decision.

    3. Serve notice on the other parties. Once you’ve filed your notice of appeal, you’ll need to serve copies on all the other parties in the case. You can do this by mailing them or delivering them in person.

    4. Submit your briefs. You and the other parties will need to submit written arguments, or “briefs,” to the appeals court. The court will then decide whether to hear your case and issue a ruling.

    How to file an appeal?

    If you are not happy with the decision made by the probate court, you have the right to file an appeal. In order to do so, you must first file a notice of appeal with the probate court. The notice must be filed within 30 days after the date of the final judgment or order that you are appealing. Once the notice is filed, the court will set a briefing schedule and oral arguments will be scheduled.

    If you are unsure of how to file an appeal or what grounds you may have for an appeal, you should speak with an experienced probate attorney. An attorney can help you determine if you have a valid basis for an appeal and can assist you in navigating the appellate process.

    How to appeal a case?

    Appealing a case in Texas probate matters can be a difficult process, but there are some tips that can make it easier.

    First, it is important to understand the grounds for appeal. An appellate court will only consider errors that were made in the lower court proceedings. This means that you cannot raise new issues or arguments on appeal.

    Second, it is important to know the deadlines for filing an appeal. In most cases, you must file your notice of appeal within 30 days of the final order or judgment from the lower court.

    Third, it is helpful to have an experienced attorney to assist you with the appeals process. Appellate attorneys know the ins and outs of the appeals process and can help you navigate it successfully.

    What is a notice of appeal?

    If you’ve been named as an executor or administrator in a Texas probate proceeding, and the will is being contested, you may be wondering what a notice of appeal is.

    A notice of appeal is a formal document filed with the court that starts the appeals process. It lets the court know that you (as the executor or administrator) intend to challenge the ruling.

    The appeals process can be complex and time-consuming, so it’s important to understand all of your options and legal rights before moving forward. An experienced probate attorney can help you navigate the process and ensure that your rights are protected.

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  • 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 controversy range from $200 to $20,000. If a case has an amount in controversy that exceeds that limit, the case would have to move up to a larger court. How does the amount in controversy affect the jurisdiction (ability) of a court when the case deals with matters of probate? Furthermore, how do we know if a court has jurisdiction to hear a probate case in general? Hailey v. Siglar answers these questions.

    The Probate Case

    Hailey v. Siglar, 194 S.W.3d 74 (Tex. App.—Texarkana 2006, pet. filed).

    Proceedings of the Case

    In October 2002, Cecillia Siglar transferred approximately $100,000.00 of her father’s assets from his account to hers. Cecillia maintains that her father authorized the transfer. In November 2002, Mr. Siglar executed a general power of attorney appointing Cecillia as attorney-in-fact. After Mr. Siglar passed away, his son, Ricky, began probate proceedings in August 2003 Angelina County Court. Ricky was appointed independent executor in those proceedings meaning he had the responsibility of making sure his father’s assets were dispersed properly.

    On December 2, 2003, Ricky filed a petition in the Judicial District Court of Angelina County to recover the funds that were transferred from Cecilia’s mother’s, Otha Siglar’s, account to Cecillia’s. Cecillia filed an answer, but did not appear at trial. The trial testimony consisted primarily of Ricky’s testimony regarding events that occurred in the final months of Mr. Siglar’s life. On February 14, 2005, the district court ordered Cecillia to pay $96,250.57 to the estate and $1,500.00 in attorney’s fees. Cecilia appealed arguing that the court did not have proper jurisdiction to hear the case and that the case should have been dealt with in a county court rather than a district court.

    One of Ricky’s arguments was that the amount in controversy of the case gave the district court jurisdiction to hear the case because it was $100,000 which exceeded the monetary limits of amounts in controversy of a county court. The court of appeals held that amount in controversy does not bear any weight of the jurisdiction of a county court in probate matters. The court of Appeals further stated that the district court never obtained jurisdiction in this case and therefore their judgment on the case is void.

    What This Case Means: Assets in controversy

    Although the amount in controversy of this case was $100,000 and the county court could only hear cases with amounts in controversy between $500 and $50,000, this number has no bearing on whether or not the county court could hear the case. The reason the amount in controversy is irrelevant is because that range of $500-$50,000 only applies to civil cases. The Angelina County Courts had been specifically given probate jurisdiction by the Texas Supreme Court. Because they have specific probate jurisdiction they are able to hear any probate cases that are brought to them, and because this was a case involving probate matters, the amount in controversy restrictions could not be applied to the amount in controversy of $100,000.

    As a general rule under the Texas Constitution, jurisdiction in probate cases belongs to the county courts. Article 5 section 8 of the Texas Constitution says that the district court shall have “exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body.” This means essentially that a district court can hear all matters unless that matter has been specifically designated to a different court. Here, the matter of probate had been specifically designated to the county courts in Angelina County, therefore, the district court in Angelina County could not hear the case. It was found that the amount in controversy could not be applied because the county courts’ restrictions on amount in controversy only applied to civil cases not probate, and the county courts had been specifically designated the power to hear probate cases.

    The court recognized the confused state of the law of jurisdiction at that time and recommended: “We suggest that the Legislature look seriously at the complicated and overlapping trial court jurisdictional requirements in this state and enact reforms to make jurisdictional requirements uniform and understandable.” Hailey at 82.

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    If you are going through the probate process in Austin, you may be wondering if you need to hire an experienced probate attorney. There are many benefits to hiring an attorney to help with the process. An attorney can help ensure that all paperwork is filed correctly and can represent you in court if necessary. They can also offer guidance and support throughout the entire process. If you are considering hiring an attorney, be sure to do your research and choose someone who has experience with probate in Austin. Probate is all we do. Call us TODAY at (512) 273-7444for a FREE attorney consultation.

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    What is probate court in Texas?

    Probate court is a court that handles the legal process of administering the estate of a deceased person, including the person’s will and any trusts they may have created. In Texas, probate courts are called “district courts.” The probate process can be complicated, and it is advisable to seek the advice of an attorney if you are named as an executor or administrator of an estate.

    What happens in probate court?

    If you are named in someone’s will as an executor, or if the person dies without a will, you may have to go to court to settle the estate. This is called probate court.

    Probate is the legal process of settling an estate after someone dies. The court supervises the distribution of the deceased person’s assets to their heirs or beneficiaries.

    If the deceased person left a will, the court will appoint an executor to carry out the wishes of the deceased. If there is no will, the court will appoint an administrator to manage the estate.

    The probate process can be complicated and time-consuming. It is important to hire an experienced attorney to help you navigate through this process.

    What is a probate judge?

    A probate judge is a judicial officer who presides over probate court proceedings. In Texas, probate courts are county courts that have jurisdiction over matters related to the estate of a deceased person, including the issuance of letters testamentary or of administration and the probate of wills. The probate judge also has jurisdiction over matters involving trusts, guardianships, and conservatorships.

    What is a probate case?

    A probate case is a court proceeding in which a will is proved to be valid or invalid. If the will is found to be valid, the court will appoint an executor to carry out the deceased person’s wishes. If the will is invalid, the court will appoint a administrator to manage the estate.

    What does probate court mean?

    Probate court is the court that deals with the estate of a deceased person. In Texas, the probate court has jurisdiction over the following matters:

    • Wills – The probate court has the authority to admit a will to probate and appoint an executor.
    • Estate administration – The probate court oversees the administration of a deceased person’s estate, including distributing assets to beneficiaries and paying debts and expenses.
    • Guardianships – The probate court can appoint a guardian for a minor child or a disabled adult.

    If you have questions about any of these matters, you should contact an experienced Texas probate attorney for help.

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  • 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 individual who was named as a beneficiary of a trust disclaims any future interest in the property. This prevents them from receiving any more benefits. The third type is for when an individual who has a power of appointment disclaims his or her right to give away part or all of that power to someone else. And finally, the fourth type of disclaimer is when someone partially disclaims their interest in a decedent’s estate, whether through probate or not.

    While individuals may disclaim property to avoid certain obligations, as in the case of inheritance. Disclaimers filed in a guardianship proceeding of someone other than the deceased person whom an inheritance is being disclaimed are not considered filings under Texas probate law. The guardianship case of In re Estate of Boren gives us some guidance.

    In re Estate of Boren, 268 S.W.3d 841 (Tex. App. – Texarkana 2008, pet. denied)

    Facts & Procedural History

    Sarah E. Boren (Decedent) drafted a will that listed her nephew, Richard Finley, as the independent executor of her estate and Jeanetta Finley, his mother, as the alternate/successor. If her husband, Charles Boren, did not survive her, the will instructed that the estate be divided equally between Richard and Jeanetta.

    Richard had previously served as an attorney-in-fact for both Sarah and Charles, neither of which had children. After Charles was appointed a guardian, Richard’s power-of-attorney authority for Charles was revoked by the letters issuing the guardianship. Richard retained Sarah’s power of attorney authority, and originally voiced his disapproval regarding Charles’s guardian’s application to sell his real estate, but later expressed regrets regarding the familial conflict after Charles passed away. Both Charles’s brother and niece testified to Richard’s statements, and the niece had her attorney draft documents that would waive his and Jeanetta’s claims to the estate at hand.

    Richard and Jeanetta both signed the waivers, but eight days after the disclaimers were filed in the guardianship, they filed revocations of the waivers and Sarah passed away. Richard applied for probate (for Sarah’s estate), and the trial court denied both the will and his appointment as independent executor. As a part of this ruling, the trial court also articulated that Richard and Jeanetta had foregone any claim to Sarah’s inheritance by signing documents that met the requirements under Texas Probate Code, Section 37A. These documents included a Waiver of Service, Waiver of Interest, and Approval and Consent to Sale of Real Property regarding Sarah’s estate.

    Richard then appealed, stating several points of error that then were rejected by the Court of Appeals. The Court stated that the trial court had found Richard “unsuitable” for the role of independent executor under the authority granted by Section 78(e) of the Texas Probate Code, and that as such, it would review the trial court’s ruling under an abuse of discretion standard of review (meaning it was not limited to reviewing the sufficiency of the evidence provided). The Court stated there was evidence supporting the trial court’s determination that Richard was unsuitable for the independent executor role, and that it was not an abuse of discretion. However, it stated that the waivers were not irrevocable under Section 37(A) of the Texas Probate Code because Richard and Jeanetta had properly revoked them before they had been properly filed. The Court of Appeals reversed the trial court’s implied order (that the waiver barred Richard from Sarah’s inheritance) and remanded to the trial court for further proceedings.

    Main Consideration of Law

    When does a waiver become irrevocable?

    Once the proper filing and service requirements are met, the waiver becomes irrevocable. If waivers are revoked prior to their proper filing, they are inoperative despite any intentions to disclaim inheritances (such as express statements).

    The Takeaway

    Disclaimers filed in a guardianship proceeding of someone other than the deceased person whom an inheritance is being disclaimed are not considered filings under Texas probate law.

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    There are a few different ways to become a legal guardian in Texas. The most common way is to be appointed by a judge in a guardianship proceeding. Other ways include being appointed by will or deed, or being elected by a group of people who are legally authorized to do so. Becoming a legal guardian in Texas is a serious responsibility. As a guardian, you will be responsible for making decisions on behalf of another person, known as the ward. These decisions can range from everyday choices like what to wear and what to eat, to more important choices like medical treatment and financial matters.

    If you are considering becoming a legal guardian in Texas, it is important that you understand the duties and responsibilities that come with the role. You should also be aware of the different types of guardianship and how they work.

    Basics of how to get guardianship in Texas?

    If you are seeking guardianship of a child in Texas, there are some important things to know.

    First, Texas law requires that the person seeking guardianship must file a petition with the court. The petition must be signed by the person seeking guardianship and must state the reasons why the person is seeking guardianship.

    Second, a hearing will be held on the petition. The court will consider the best interests of the child when making its decision. The court may appoint a guardian ad litem (GAL) to represent the child’s best interests.

    Third, if the court grants guardianship, the guardian will have certain rights and responsibilities regarding the child. The guardian will have the right to make decisions about the child’s education, medical care, and other important matters. Additionally, the guardian will be responsible for providing for the child’s physical and emotional needs. fourth, if you are granted guardianship, you will be required to file periodic reports with the court regarding the child’s welfare. Additionally, you may be required to attend training sessions on how to be a good guardian. fifth, if at any time you no longer wish to serve as a guardian, you can resign by filing a notice with the court.

    What general powers does a guardianship have?

    A guardianship in Texas has a few different powers. First and foremost, a guardian has the power to make decisions about the ward’s medical care. This includes the power to consent to or refuse medical treatment, as well as the power to access the ward’s medical records. Additionally, a guardian has the power to make decisions about the ward’s education and residence. Lastly, a guardian has the power to manage the ward’s finances and property.

    If you are wondering how to file for legal guardianship of a minor in Texas, there is no need to worry. The process is actually quite simple, and there is a form that you can use.

    First, you will need to gather some information about the child and the parents. This includes the child’s full name, date of birth, and Social Security number. You will also need the names and contact information for the child’s parents.

    Next, you will need to fill out the legal guardianship form. This form can be found online or at your local courthouse. Once you have completed the form, you will need to sign it in front of a notary public.

    Once the form is signed, you will need to file it with the court. The court will then review the form and has the power to make a determination on whether or not to grant guardianship. If guardianship is granted, you will be responsible for making all decisions regarding the child’s welfare, including education and medical care.

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  • 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 discretion. The distribution of all assets triggers tax implications for the executor (and other parties) which must be dealt with under the applicable law.

    What are the tax implications of being an executor in Texas?

    As the executor of a estate in Texas, you may be responsible for paying taxes on behalf of the estate. This includes federal estate taxes, state taxes, and any debts the deceased owed at the time of their death.

    If the estate owes any taxes, it is your responsibility to ensure they are paid in a timely manner. Failure to do so could result in penalties and interest charges.

    It is important to work with a tax professional when dealing with estate taxes, as there are often complex rules and regulations involved. An experienced tax advisor can help you navigate the process and ensure that all taxes are paid correctly.

    What is exempt from probate and won’t be subject to estate taxes?

    When it comes to estate taxes, the federal government and most states exempt a certain amount of money from taxation. This is typically called the “exemption amount.” In 2019, the federal exemption amount is $11.4 million per person. This means that if you are an executor in Texas and your estate is valued at less than $11.4 million, your estate will not be subject to federal estate taxes.

    Texas has its own estate tax, but the exemption amount is much lower than the federal exemption amount. For 2019, the Texas exemption amount is $5 million per person. This means that if you are an executor in Texas and your estate is valued at more than $5 million, your estate will be subject to Texas estate taxes.

    Fortunately, there are ways to minimize or avoid paying Texas estate taxes. One way is to create a trust. Trusts can be used to transfer property to beneficiaries without going through probate. Trusts can also be used to minimize or avoid paying taxes on the transfer of property. Another way to minimize or avoid paying Texas estate taxes is to give gifts during your lifetime. You can give gifts up to the annual exclusion amount, which is $15,000 per person

    What is considered property that doesn’t qualify for exclusion from probate taxes?

    There are a few different types of property that don’t qualify for exclusion from probate taxes in Texas. These include:

    -Real estate: Any real estate owned by the deceased person at the time of their death is subject to probate tax. This includes any homes, land, or other buildings owned by the deceased.

    -Vehicles: All vehicles owned by the deceased person at the time of their death are subject to probate tax, including cars, trucks, boats, and RVs.

    -Businesses: Any businesses owned by the deceased person are subject to probate tax. This includes sole proprietorships, partnerships, LLCs, and corporations.

    -Investments: All investments owned by the deceased person at the time of their death are subject to probate tax. This includes stocks, bonds, mutual funds, and other types of investment accounts.

    How is probate money taxed and who pays the taxes?

    When it comes to taxes, the executor of an estate has a few different responsibilities. First, they must file a final income tax return for the decedent. They may also be responsible for filing state and local inheritance taxes, as well as any estate taxes that may be due. The executor is also responsible for making sure that all of the deceased person’s debts are paid, including any taxes that may be owed.

    Probate money is taxed as part of the estate, and the executor is responsible for paying those taxes. The tax rate will depend on the value of the estate and where it is located. In Texas, the inheritance tax rate is 0.5% for estates valued at less than $10 million, and 2% for estates valued at more than $10 million.

    If you are named as the executor of an estate in Texas, it’s important to understand the tax implications of your role. Consult with a tax professional to ensure that you are meeting all of your responsibilities and to minimize any potential liability.

    Who can get a refund on probate taxes paid and how does it work?

    If you’re the executor of an estate in Texas, you may be able to get a refund on probate taxes that were paid. Here’s how it works:

    The Texas Comptroller’s office offers a refund program for certain estates that have paid probate taxes. To be eligible, the estate must have been closed for at least two years and all claims against the estate must have been settled.

    If the estate is eligible, the executor can file a claim form with the Comptroller’s office. The claim form must be signed by all heirs or beneficiaries of the estate.

    Once the claim form is filed, the Comptroller’s office will review it and determine whether a refund is due. If a refund is approved, a check will be mailed to the executor.

    When does the executor need to file a final tax return for a will

    When an executor is wrapping up the estate of a deceased person, they may need to file a final tax return on behalf of the deceased. This is typically done when there are still assets remaining in the estate that need to be distributed to beneficiaries. In Texas, the executor has to file a final tax return if:

    -The estate owes any taxes to the state or federal government

    -The decedent died during the tax year

    -The decedent was a resident of Texas at the time of their death

    If any of these circumstances apply, the executor will need to file a final tax return within 9 months of the date of death.

    How much does an executor get paid in Texas under Probate Law?

    In Texas, an executor is entitled to a fee of 5% of the first $200,000 of the estate, 3% of the next $300,000, and 2% of the next $500,000. For example, if an estate is worth $500,000, the executor would be entitled to a fee of $20,000.

    Do you have to pay death taxes on inheritance in Texas?

    As an executor, you are responsible for ensuring that the deceased person’s taxes are paid. This includes any federal, state, and local taxes. You may also be responsible for paying any taxes on the inheritance that the beneficiaries receive.

    Are executor fees taxable by the IRS?

    If you’re named as an executor in a will, you may be wondering if the fees you’ll earn are taxable by the IRS. The good news is that, in general, executor fees are not considered taxable income. However, there are a few exceptions to this rule.

    First, if you’re paid a salary by the estate for your work as executor, that salary is considered taxable income. Second, if you receive reimbursement from the estate for expenses you incurred while performing your duties as executor, those reimbursements are also considered taxable income.

    Finally, if any of the assets of the estate are distributed to you as part of your compensation for serving as executor, those assets may be subject to capital gains taxes. For example, if the estate includes a piece of property that has appreciated in value since the decedent’s death, any profit you make on the sale of that property will be subject to capital gains taxes.

    If you have any questions about the tax implications of being an executor, it’s best to speak with a tax professional or an attorney who specializes in wills and estates.

    How to probate a will in Texas?

    In Texas, the process of probating a will is overseen by the court system. The first step is to file the will with the court and have it admitted to probate. The next step is to have the executor named in the will qualified by the court.

    What happens in probate court?

    Probate is the court-supervised process of identifying and gathering the assets of a deceased person (the “decedent”), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. The probate process takes place in probate court.

    The post Tax Implications of Being an Executor in Texas appeared first on Austin Probate Attorney, Kreig LLC.

  • 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 information.

    How Assets Transfer At Death

    When a person dies, their assets are transferred to their heirs. The process of asset transfer is called probate. Probate is the legal process of transferring a person’s assets to their heirs after they die.

    There are two types of probate:

    1. testate – when the person dies with a will
    2. intestate – when the person dies without a will

    If the person dies with a will, then their assets are transferred according to the instructions in the will. If the person dies without a will, then their assets are transferred according to state law.

    In most cases, the deceased person’s spouse is the first heir. If there is no spouse, then the children are the next heirs. If there are no children, then the parents are next in line. If there are no parents, then the siblings are next in line. And so on.

    The order of heirs can be different in some cases, such as if the deceased person was married more than once or if they had children from more than one relationship.

    It’s important to know how assets transfer at death because it can affect your inheritance. For example, if you’re the spouse of a deceased person, you may have to share your inheritance with the deceased person’s children. Or, if you’re the child of a deceased person, you may have to share your inheritance with the deceased person’s siblings.

    In some cases, assets may not be able to be transferred at death. This can happen if the asset is jointly owned with someone else or if the asset is in a trust.

    What Happens After Divorce?

    It can be pretty tough to think about what happens after divorce, but it’s important to be prepared for anything. One thing you may not have considered is what could happen to your inheritance. It’s possible that your ex could end up with a portion of it, depending on the laws in your state.

    This is something you’ll want to talk to an attorney about, as they can advise you on the best way to protect your assets. You may also want to consider mediation or arbitration to try and come to an agreement outside of court. No one wants to think about their hard-earned money going to their ex, but it’s important to be prepared for anything.

    Won’t My Divorce Decree Override a Named Beneficiary?

    If you’re going through a divorce, you may be wondering what will happen to your inheritance. Can your ex-spouse really claim it?

    The answer is maybe. It all depends on how your divorce decree is worded and whether or not you have a valid prenuptial agreement in place.

    If your divorce decree does not specifically address the issue of inheritance, then your ex-spouse may have a claim to it. This is especially true if you live in a community property state like Texas.

    However, if you have a valid prenuptial agreement that states that all assets will be kept separate in the event of a divorce, then your ex-spouse will likely not be able to get your inheritance.

    Do You Need a Texas Probate Attorney to Help?

    If you’re not sure what will happen to your inheritance in the event of a divorce, it’s best to speak with an experienced attorney who can review your specific situation and give you guidance on how to protect your assets.

    https://austin-probate.com/

    Related Questions

    Can a divorced wife inherit?

    In Texas, if a man dies without a will and has a wife, she is considered by the court to be entitled to a portion of his estate. This portion is called an “elective share” and is based on how long she was married and how much family property she received during their marriage.

    The elective share is also known as the “minimum share.” It doesn’t mean you have to take it. It means that, if you do not accept it, another heir will likely get it. In Texas, if a woman dies without a will and has no surviving husband or children, her husband or children are the heirs entitled to her estate.

    Can I go after my ex husband’s inheritance?

    The short answer is: yes. You can go after any property your ex has, whether or not you have a claim to it as a separate property.

    If you were never married and you have no children together, there is no spouse to get half of the community estate. That means you can go after all of it, even though it was originally an ex spouse’s separate property.

    However, your right to claim these benefits may be limited by the statute of limitations in the state where you live.

    When a husband dies what is the wife entitled to?

    In Texas, when a husband dies, a surviving wife is not automatically entitled to all of his property. Instead, the wife is usually entitled to a “probate estate” in the form of an asset that is given to her called an elective share. The main purpose of the Texas Probate Code’s elective share provision is to ensure that surviving spouses aren’t disinherited.

    When does an inheritance become marital property? Is it considered upon death?

    An individual who receives an inheritance may find themselves wondering if the inheritance is considered marital property. In Texas, there are two different things that factor into an inheritance, and each of them can lead to different results.

    The first is the time of the inheritance. Some inheritances are received before the marriage. These are typically from a blood relative or from an estate left by a family member. Inheritances that are received before the marriage are not considered marital property since they were already owned by the individual. They are their property, and they will not be affected by any laws that might change upon marriage.

    The second factor is the way the inheritance is received. If the inheritance is received in a trust, it is not considered marital property. This is because it is not part of the decedent’s estate. In contrast, if an inheritance is received directly, then it is considered to be owned by both parties.

    Is future inheritance considered in divorce settlement?

    As part of a divorce, spouses may consider the inheritance they will receive from a future will. If a probate division of estate is being considered, it is important to know how this division can impact a divorce settlement.

    The answer is that future inheritance is not typically considered during divorce settlement discussions. This is because after a probate division of estate, in most cases, the inheritance belongs to the heirs, who are not already a part of the divorce settlement process.

    The post Can My Ex-Spouse Get My Inheritance? appeared first on Austin Probate Attorney, Kreig LLC.