A structured settlement is a type of annuity that is typically used to resolve personal injury claims. In Texas, if you have reached a settlement in your personal injury case, you may be able to transfer your structured settlement payments to another party. This process is known as a “request for transfer.” What is a…
Tag: Dallas probate attorney
What Is a Texas Small Estate Affidavit?
If you need to settle the estate of a loved one who passed away without a will in Texas, you’ll need to file a Texas small estate affidavit. This document essentially allows you to transfer the deceased person’s property to their heirs without going through probate. Keep reading to learn more about how to file…
5 Kinds of Texas Probate
Introduction Probate is a process by which an administrator (the executor) of an estate (the decedent’s property) distribute the estate’s assets to the decedent’s beneficiaries. In Texas, probate is handled by the Texas State Probate Office. There are at least five types of probate (more if you count the various permutations such as testate dependent,…
Does a Probate Court’s Order Have to Be Final to Be Appealable?
In a recent case, St. John v. Hearne, a Texas probate court granted a bill of review but did not dispose of contested issues. The Court of Appeals noted that granting a bill of review does not terminate the proceedings and is not equivalent to final judgment for purposes of appeal. Legal Terminology Interlocutory Appeal…
Who Will Serve as Personal Representative of Your Estate?
Who will serve as personal representative after you’ve passed on? Many people think about this while planning their estate, but it’s important to know who is eligible to serve and who will serve by default if you don’t name a personal representative properly. Selecting The Personal Representative (Executor vs Administrator) Specialized knowledge, training or experience…
Can Reasonable Diligence Trump a Probate Statute of Limitations in Texas?
Default for failing to file? Default at Law A default is the failure to do something required by law or the failure to comply with a contractual obligation. When it comes to filing a will for probate, there is a timeline that the filer must comply with in order to avoid being found in default.…
What Can a Probate Court Do About Child Support?
Legal Terminology Ad Litem Means for the suit, a person appointed such a role is responsible for a ward’s affairs in a particular aspect of litigation. Texas Probate Code, Section 608 [Now Texas Estates Code] Allows a probate court to transfer a matter from a district, county, or statutory court to itself when the matter…
Can a Court Add Probate Proceedings to a Muniment of Title?
Legal Terminology Muniment of Title/Deed: Means there is no need for administration of the estate. This allows for a will to be probated quickly and cost-efficiently. Administration of an Estate: Allows for the management of the liabilities and assets of a deceased person. Probate Case In re Estate of Kurtz, 54 S.W.3d 353 (Tex. App.…
Can You Bring a Law Suit Against a Texas County in Probate Court?
In a person’s will, they may leave either personal or real property to an entity rather than to an individual. They could leave land to a city, business, organization, county, or the like. What happens when there is a suit against a county rather than an individual? What is the controlling law and how is…