Legal Terminology Estates Code on Probate Suit Transfer: Texas law authorizes a statutory probate court to transfer to itself from a district court a cause of action “appertaining to or incident to an estate pending in the statutory probate court.” Mandamus relief: Available only when a trial court clearly abuses its discretion and when there…
Tag: probate administration
Are Statements of a Testator Presumed True in Texas Probate?
Legal Terminology Self-proved will laws A will that can be validated without the use of a probate court. Such a will usually requires the presence of witnesses who attest to the will’s validity. Presumption of Continuity When no circumstances exist that suggest a will lacks validity or has been revoked, the burden shifts from a…
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…
What Is Considered a Will Contest in Probate Court?
Legal Terminology Impleaded: To bring in a third party to a lawsuit who might be liable to either the plaintiff or the defendant. Probate Case Klein v. Dimock, 705 S.W.2d 405 (Tex. App. – Fort Worth 1986, writ ref’d n.r.e.) Facts & Procedural History L.A. Klein (Testator) and his wife, Mary Louise, executed a joint…
Evidence That a Will Was Not Revoked
Terminology Intestate Heirs: Individuals who are legally entitled to inherit from the estate of someone who does not leave a valid will. Probate Case Estate of Glover, 744 S.W.2d 939 (Tex. 1988) Circumstances & Procedural History: Proving a New or Old Will This case pertained to a will contest between a will beneficiary and several…
When Is an Estate Legally Closed in Texas?
When someone goes through the process of an estate, this usually means that they will have to liquidate the deceased’s assets. This is not always a simple financial task to undertake, and there are many different legal and monetary details involved. You might be aware of some of these steps, but after reading this article…
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…
Can Probate Court Be the Proper Venue for a Personal Injury Case?
Can someone bring a lawsuit regarding personal injury, death, or property damage in a probate court? Let’s look at the case of Gonzalez v. Reliant Energy Co. to find out. Legal Terminology Anti-suit Injunction A remedy issued by a court in one jurisdiction that prohibits a litigant from initiating or continuing litigation in another jurisdiction.…
How to Handle Small Estates in Texas with Limited Assets
How to Handle Small Estates in Texas If you find yourself in the position of having to handle a small estate in Texas with limited assets, there are some steps you can take to make the process as smooth as possible. First, you’ll need to obtain a certified copy of the death certificate from the…