Probate cases are handled by a number of different courts in Texas. This can include statutory probate courts, county courts, and even district courts. Regardless of the type of court, one thing holds constant: the court is busy. Most courts in Texas have high caseloads. This is true of statutory probate courts in the largest…
Tag: Probate Articles
Executor Cannot Resign Without Notice & Consent of Will Distributees
Probate cases can be challenging given the different parties involved. In some cases, family members who have lifetime differences and long-running disputes are forced to work together to wind up the decedent’s last affairs. These disputes often end up in probate court. This can result in disputes and overreaching. The recent Estate of Allen, 658…
How to Challenge the Validity of Life Insurance Beneficiary Designations
What happens when there is a dispute between parties regarding the validity of a life insurance beneficiary designation? This scenario raises complex legal questions surrounding conflicting claims and the rightful entitlement to life insurance proceeds. The solution lies within the realm of “interpleader” lawsuits. These legal actions offer a remedy when parties notify the life…
What Happens if a Will is Declared Invalid?
When a person passes away, their will typically outlines the distribution of their estate. However, there may be instances where a will is declared invalid due to a variety of reasons such as lack of testamentary capacity, undue influence, or improper execution. When this occurs, the distribution of the decedent’s estate becomes a complex process.…
Dealing With a Fraudulent Durable Power of Attorney
A durable power of attorney is a standard estate planning document. It is a powerful legal document that grants an agent broad authority to act on behalf of the principal. Unfortunately, this type of document is often prone to fraud and abuse. The Gardner v. Majors, No. 10-21-00306-CV (Tex. Ct. App.–Waco 2023) case provides an…
4 Steps to Administer an Estate in Texas
Administering an estate in Texas can be a complex and sometimes daunting task. Depending on the size of the estate, it can take months or even years to complete. To help simplify the process, here are four steps that you should follow when administering an estate in Texas. From filing the necessary documents to taking…
What to Do When a Loved One’s Assets Go Unclaimed in Texas
When a loved one passes away, the process of distributing their assets can be a difficult and emotional time for family members. In some cases, assets may go unclaimed, leaving the next of kin wondering what to do. This is the situation for our protagonist in this case study, who was told by his aunt…
What Do I Include on the Inventory of a Texas Decedent’s Estate?
When a person passes away in Texas, their estate must go through a probate process in order for their assets to be distributed to their beneficiaries. As part of this process, an inventory of the decedent’s assets must be created and filed with the court. This inventory is an important document that lists all of…
3 Things to Know About a Small Estate Affidavit
A Texas Small Estate Affidavit is a legal document used to help heirs of an estate receive the property of someone who has passed away without having to go through the traditional probate process. It’s specifically designed for estates with a value of less than $75,000. If you’re dealing with a small estate in Texas,…