Skip to content
txlwicon

TX-LW

  • Firms
  • About
    • About TX-LW
    • The Path Forward
    • Leadership
    • Solutions
  • Blogs
  • Support
  • Login

Tag: Blog

Rebutting the Presumption of Revocation of a Missing Will

Terminology 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.…

Continue reading Rebutting the Presumption of Revocation of a Missing Will
Published August 3, 2022

When Is a Judgment Considered “Final” in a Probate Case?

The term “final judgment” is often used in probate cases, but does it mean the same thing as a final judgment in other cases? In other words, when is the decision able to be appealed? In this article, we’ll take a look at when a judgment is considered final in a probate case and what…

Continue reading When Is a Judgment Considered “Final” in a Probate Case?
Published July 27, 2022

What’s the Difference Between Probate & Non-Probate Property?

Texas law makes it clear that identifying probate property is a duty. It has to be done and the personal representative has to do it. But there are no set rules for how to identify property that the decedent owned or had an interest in. At a minimum, one must review the financial records that…

Continue reading What’s the Difference Between Probate & Non-Probate Property?
Published July 20, 2022

Claiming Lost or Destroyed Promissory Notes In Texas

Introduction When a promissory note is lost or destroyed, it could be an immediate disaster for the person to whom the note is owed. That person can file a suit in order to recover on the claim and, if he or she is successful, recover from the owner of the promissory note. Probate Case Geiselman…

Continue reading Claiming Lost or Destroyed Promissory Notes In Texas
Published July 13, 2022

Claims Against a Deceased Person’s Estate

If you have a claim against the estate of a deceased person—for example, for unpaid wages or breach of contract or other claim against the estate—you may be wondering what to do. The process for making a claim against an estate depends on whether the estate is being administered through probate or not. The case…

Continue reading Claims Against a Deceased Person’s Estate
Published June 22, 2022

Can a Probate Judge Overturn a Jury Verdict?

Can a court rule to overturn a jury decision? (JNOV) A non obstante veredicto (JNOV) means a judgment notwithstanding the verdict. It is a judgment made during litigation that goes against what the jury decides. It happens when a jury decides in favor of one party and the judge sets that verdict aside and decides…

Continue reading Can a Probate Judge Overturn a Jury Verdict?
Published June 15, 2022

Can a Lost Will Be Admitted to Probate?

What If You Can’t Find the Will? The Texas probate process works best when the will is available for review. If a will can’t be found, for example, because it was destroyed in a fire or accident, or a dead person’s family can’t find it, the process is a lot more complicated. But can a…

Continue reading Can a Lost Will Be Admitted to Probate?
Published June 8, 2022

Make Sure a Probate Court Has Jurisdiction to Hear Your Case

Even though a probate court is an official court of the State of Texas, it is still limited to hearing only certain matters. If it rules on matters outside of this scope, its ruling might be worthless. Make sure the probate court can hear the matter you’re arguing before it. Here’s a case that illustrates…

Continue reading Make Sure a Probate Court Has Jurisdiction to Hear Your Case
Published June 1, 2022

Is Income from a Trust Considered Community Property?

If you’re considering an income trust, there are a few things you should know about community property. This case gives some information on what you need to know about this type of trust and how it can benefit you. Legal Case Cleaver v. George Staton Co., 908 S.W.2d 468 (Tex. App. 1995) Parties Cleaver: Appellant…

Continue reading Is Income from a Trust Considered Community Property?
Published May 25, 2022

Posts pagination

Newer posts 1 2 3 Older posts
TX-LW LLC - © 2025 All Rights Reserved
Sitemap