The credibility of a witness’ testimony is often a deciding factor in a court case. A recent study has found that the majority of young people who have been involved in the juvenile justice system do not believe that their testimony is credible. This is sometimes applicable in probate administration cases, and in probate litigation.…
Tag: Probate Articles
Can a Probate Court Disqualify an Executor?
If you are named as the executor of a will, you’ll be in charge of managing the deceased person’s estate. The executor is the personal representative. However, you might be disqualified from serving as the executor if you don’t meet certain criteria under Texas state law. The Probate Case In re Estate of Gaines, 262.…
How Community Property Laws Impact the Probate Process
Community property laws are a factor in many estates that require a probate proceeding. Community property, also known as marital community property, is similar to joint tenancy. Under joint tenancy, both spouses own all property equally, and upon the death of one spouse, his or her interest in the property is automatically transferred to the…
How Much Can an Executor in Texas Be Paid?
Does the Executor of an Estate Get Paid? The executor of an estate is responsible for settling the estate of the deceased. The executor acts on behalf of the estate and is solely liable for any debts or obligations that are not paid by the estate. An executor fee is charged for carrying out this…
Relief on Irrevocable Trust from Harris County Probate Court Affirmed
An irrevocable trust is a legal arrangement where the creator (settlor) of the trust transfers assets to another person or entity (trustee), while retaining the right to receive income generated by the trust and/or take possession of the trust property at a later date. If you are considering setting up an irrevocable trust, here’s a…
How Do You Effect Proper Process Service in Probate Court?
If you are involved in a lawsuit, you need to know how to properly serve the lawsuit papers on the person you are suing. Learn how to properly serve process of court documents. If you have a claim against a person or company, you need to serve process on that person or company and provide…
Can You Prove Title After Probate Statute of Limitations Has Expired?
Legal Terminology Texas Estates Code, Statute of Limitations (SOL): No will shall be admitted to probate after the lapse of four years from the death of the testator unless there is a showing of proof that the party was not in default and no testamentary letters are issued where a will is admitted after the…
Control Over Funds Deposited With Probate Court
The probate courts will often hold funds in their registry. The probate court has authority and control over these funds. Once the funds are in the registry and an independent administrator is appointed to administer the probate estate, who has control over these funds? The concept of the independent administrator is that they are tasked…
How Long Does Probate Take in Texas
Yahoo! Finance ran an article entitled “How Long Does Probate Take.” The article sets out several circumstances that can slow down the probate process. The article is not Texas-specific, so many of the circumstances do not really apply for probates in Texas or are more nuanced than mentioned in the article. The article provides an…