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…
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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,…
When Is a Texas Cause of Action “Appertaining or Incident to” an Estate?
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…
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 Presumption of Continuity When no circumstances exist that suggest a will lacks validity or has been revoked, the burden shifts from a…
The Writ of Mandamus: What It Is And Why Parties Sometimes Get One
Introduction The writ of mandamus is a judicial mandate issued by a higher court to force a lower court or government official to perform their duties. This is not an order issued by the Supreme Court, but rather can be issued by any other court that has jurisdiction over the lower court in question. Sometimes,…
How to Deal with Debt Collectors in Independent Probate Administrations in Texas
Introduction If you are an executor or administrator of an estate in Texas, you may be wondering what to do about debt collectors. After all, the last thing you want is for the estate to be hounded by creditors. Read on to find out more about how to deal with debt collectors in independent probate…