Will Disputes What would happen if a will could go through probate twice? This is generally prohibited. Wills are typically only probated once. If an agreement was made to accept the terms of a will and release all claims against the estate, the acceptee usually cannot relitigate the estate. Womble v. Akins gives us more…
Tag: probate court
Personal Injury Claims Against a Probated Estate
Huitron v. Kaye, 2022 UT 36 (Utah 2022) The Utah Supreme Court reversed the lower court, which had denied the defendant’s motion for partial summary judgment. The Supreme Court ruled that since the plaintiff did not file his personal injury lawsuit in time, he was limited to pursuing what money was held by the estate.…
Who Can Initiate a Probate in Texas?
Probate is the legal process of overseeing the distribution of a person’s estate after they die. It can be complicated and time-consuming, but fortunately there are people who can help make it happen – namely, probate attorneys. In this article, we’ll explore what probate attorneys do, who can initiate a probate in Texas, and some…
Will a Court Accept “I Didn’t Know” as an Excuse for Not Complying with Probate Deadlines?
Probate is a court process that kicks in when someone dies. As this case shows, if you are a potential executor of a will and don’t file for probate within the allotted time, you might not get a second chance. Terminology Holographic Will: A holographic will is a will that is entirely handwritten and signed…
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,…
Does a Probate Court’s Order Have to Be Final to Be Appealable?
In a recent case, St. John v. Hearne, a Texas probate court granted a bill of review but did not dispose of contested issues. The Court of Appeals noted that granting a bill of review does not terminate the proceedings and is not equivalent to final judgment for purposes of appeal. Legal Terminology Interlocutory Appeal…
Do Insane Delusions Amount to Lack of Testamentary Capacity?
Testamentary capacity is the legal term that refers to someone’s mental ability to make a will. Testamentary capacity can be diminished or lost if a person has certain delusions, but a delusion in and of itself might not establish a lack of testamentary capacity. This case answers the question: When does a court find that…
What’s the Proper Probate Venue When Co-Defendants Live in Different Texas Counties?
Legal Terminology Pleas of Privilege Raises an objection to the venue of an action. Article 1995, Revised Civil Statutes (Code): Subdivision 4: States that there must be a resident defendant for a bona fide cause of action, and a non-resident defendant must either be a necessary or a proper party. Subdivision 29a: States that the…
When Is a Will Invalid under Texas Probate Law?
Invalid Wills The Texas Estates Code defines a will as a testamentary instrument that either (1) appoints an executor or guardian, (2) directs how property may not be disposed of, or (3) revokes another will. Note that the document does not have to meet all three requirements to be a valid will. State law provides…