Challenging Probate Court’s Order to Settle Lawsuits

If a probate court appoints a temporary administrator and approves a settlement for outstanding lawsuits against the estate, heirs with an interest in the estate may have limited options for challenging the decision to settle the lawsuit. The Chabot v. Estate of Sullivan, No. 03-17-00865-CV (Tex. App.-3d Dist [Austin] – 2019), case provides an example.…

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Planning for Special Needs Trusts

Special needs trusts can provided additional resources for disabled minors and adults.  Special care has to be taken in planning for these trusts.  The recent Estate of Mendard, No. 14-18-00434-CV (Tex. App. — Houston [14th Dist.] 2019) provides an example.  It involves a special needs trust that ended up owning a house that the disabled beneficiary’s…

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Common Estate Planning Goals

Common Estate Planning Goals Estate planning is about you, the person who is alive and in control of property, and those who will eventually control and/or receive your property.  It is about your wishes and what will happen in the future. Having worked with clients to develop estate plans, there are some common basic goals…

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Filing Inventory in Texas Probate

Filing Inventory in Texas Within 90 days after qualification, the personal representative must file with the Court a sworn inventory, appraisement and list of claims (“Inventory”) of the estate.  The Inventory must include all estate real property located in Texas and all estate personal property regardless of where the property is located. And it must…

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Independent Administration in Texas

What is an independent administration? An independent administration is a non-court administration.  After a person has applied for letters testamentary and been qualified as independent executor by the court, the executor files an inventory of the estate’s assets and their appraised value, and a list of claims of the estate. Thereafter, the executor administers the estate…

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