Excluding Witness Testimony A court may exclude a witness testimony from a suit for several reasons. This exclusion will be upheld so long as the court did not abuse its discretion in doing so. What constitutes an abuse of discretion? Morrow v. H.E.B., Inc. discusses this. Probate Case Morrow v. H.E.B., Inc., 714 S.W.2d 297 […]
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Introduction After a loved one passes away, you may be wondering what needs to be done in order to settle their estate. If they left behind a will, the process of probating it in El Paso, Texas is relatively simple. In this article, we’ll walk you through the steps you’ll need to take in order […]
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Introduction So, your property was condemned by the city’s eminent domain power. Now what? If this happened to you in Texas, you might be wondering if the land that is being taken is considered as one tract or not. Luckily, there’s an answer to this question. It turns out, if your land is divided into […]
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In Texas, it is not possible to make an affidavit based on belief alone. You must have knowledge of a fact in order for the affidavit to be valid under Texas law. To understand this better, let’s look at the 1996 case, Williams v. Bagley. Legal Terminology Texas Rules of Civil Procedure, Rule 682: No […]
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Probate Law without a Will The process for probating an estate when there is no will is similar to probating a will. There are several notable differences, including the heirship proceeding and the attorney ad litem. To start the probate court process, the applicant will file the following documents: Application to be appointed, Application for […]
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Before you even consider the probate of an estate, there are several preliminary matters that have to be attended to immediately after a loved on dies. These are the pressing matters that have to be attended to or considered immediately after death. Determination of Death The first step after someone dies involves contacting the authorities […]
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The term “final judgment” is often used in probate cases, but does it mean the same thing as a final judgment in other cases? In other words, when is the decision able to be appealed? In this article, we’ll take a look at when a judgment is considered final in a probate case and what […]
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If you have a claim against the estate of a deceased person—for example, for unpaid wages or breach of contract or other claim against the estate—you may be wondering what to do. The process for making a claim against an estate depends on whether the estate is being administered through probate or not. The case of Dunn v. Sublett gives us some insight into one aspect of this situation.
Consisting of three parts.
Debts that are pending (not yet matured), rather than debts dependent on a scenario which will never occur.
Dunn v. Sublett, 539 S.W.2d 351 (Tex. 1976)
Michael C. Dunn (Plaintiff), heir to John R. Dunn, deceased, brought forth a claim against the estate of Philip A. Sublett, deceased, which was subsequently rejected by F.B. Sublett (Defendant). Plaintiff’s claim against the estate focused on a tripartite contract between John R. Dunn, Philip Sublett, and Sam Houston. Under this contract, Sublett and Houston sold ownership of land specified within the contract to Dunn, and Dunn advanced a sum of money to them that was required to be reimbursed.
The Supreme Court held that, (1) since the rejection of the claim by the administrator was not based on the lack of authentication by the person providing the affidavit and (2) the statute did not specify who could provide the affidavit, the judgment dismissing the claim must be reversed and remanded.
The Court stated that the claim for money presented by Plaintiff was one that should be presented before the administrator, and that its allowance would simply ensure that the claim had the status that the administrator and chief justice would have given it through its approval (including the general and special liabilities on the estate as allowed by law). An affidavit must be provided with a claim, but the statute does not specify who must provide it, and as such is not conclusive or binding on the administrator. The administrator may reject a claim brought forth by a person lacking competent authority, a proper affidavit, and awareness of the facts, but must state that rationale. If the administrator generally rejects the claim, it will be presumed to be due to the merits of the claim and not for a lack of authentication (unless the claim fails to provide items required by law).
Every claim for money against a testator or intestate needs to be presented to the administrator, regardless of whether the money is currently or not currently due. Debts owed to the United States maintain priority over other debts owed by a deceased person despite the timeline in which debts are required to be paid (whether presently or in the future).
Where a claim against an estate is validated by a person who is neither the owner or the agent of the owner, an administrator that chooses to reject the claim must specifically state why prior to being sued for the establishment of such a claim.
If you have been named the executor of an estate in El Paso, you may be wondering if you need to hire a probate attorney. The answer is: it depends. The probate process can be complex, and if the estate is large or there are potential disputes among the heirs, or the payment of a claim, it may be wise to seek legal help. An experienced probate attorney can help you navigate the process, from filing the necessary paperwork to distributing the assets. If the estate is small and there are no disagreements among the heirs, you may be able to handle the probate process on your own. However, even in these cases, it is always a good idea to consult with an attorney to make sure you are taking the right steps.
If you are unsure whether or not you need to hire a probate attorney, please contact us for a free consultation at (915) 292-4400, or use the calendar to the right (—>). We can help you understand the process and decide if hiring an attorney is right for you.
In order to make a claim on an estate, you will need to provide the following information: the decedent’s full name, date of death, your relationship to the decedent, and your contact information. You will also need to provide a copy of the death certificate. If you are the executor of the estate or administrator of the estate, you will need to provide a copy of the will.
If you’re an heir or a beneficiary of a will, you may be eligible for unclaimed funds if the deceased person has died and it’s been two years since their death. You can claim these funds by filing a claim with the state where the deceased person has passed away. Be sure to check if the property is actually unclaimed before doing so. There are many different types of unclaimed property, so it’s important to know what you’re looking for. Common types of unclaimed property include bank accounts, stocks, bonds, and life insurance policies. If you think you may be entitled to any of this type of property of the estate, reach out to the state in which the deceased person resided and file a claim.
When a claim is filed against an estate, the executor of the estate is responsible for handling the claim. The executor will review the claim and determine if it is valid. If the claim is valid, the executor will pay the claim. If the claim is not valid, the executor will deny the claim.
Generally, an estate includes all real and personal property owned by an individual at the time of their death. However, there are certain types of property that may not be included in the estate, such as jointly owned property, life insurance policies, and retirement accounts.
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To collect a final paycheck there is a simple and inexpensive way to do it. Many of us have all been there before. A loved one has died and you are the one to handle their estate.
Probate is a process that is necessary in many cases. The Texas Estates Code provides for an inexpensive procedure for a surviving spouse to collect the final paycheck of the deceased spouse by the execution of an affidavit when there is no administration pending of the deceased spouse’s estate.
If the deceased person’s only asset is an unpaid final paycheck, the process of collection by probate is unnecessary. The Texas Estates Code provides for an inexpensive procedure for a surviving spouse to collect the final paycheck of the deceased spouse by the execution of an affidavit when there is no administration pending of the deceased spouse’s estate. In order to exercise this option, the spouse must first determine that the employer is not covered by a state workers’ compensation law. For example, federal employees are not covered by state workers’ compensation laws and are eligible to use this procedure.
If a bank account is the only asset of an estate, probate may not be required. The rules regarding whether or not a decedent’s final paycheck is exempt from administration are based on the Texas Estates Code. Under the Texas Estates Code, a final paycheck is exempt from administration if it meets all of the following criteria:
1. The decedent was domiciled in Texas at the time of death (Texas is the state in which he/she had his/her permanent legal residence);
2. The decedent’s employer is located in Texas;
3. No administration has been commenced on the decedent’s estate; and
4. The check represents wages for services performed within three months prior to date of death.
The affidavit for collection of a final paycheck must be filed with the clerk of court in the county where the person died. The affidavit may be filed by any person having an interest in the property or an attorney in fact for that person, except that if there is an executor or administrator appointed or qualified, then the affidavit must be filed by that person or by his/her attorney-in-fact.
The Texas law provides for an inexpensive procedure for a surviving spouse to collect the final paycheck of the deceased spouse by the execution of an affidavit when there is no administration pending of the deceased spouse’s estate.
Have you lost a loved one and have no idea how to proceed? Our local Texas attorneys can help you through the probate process. A good probate attorney will guide you through every step of the process from beginning to end. Hire an experienced probate lawyer in the El Paso metro area or in the surrounding communities. Contact us on our homepage, and don’t forget to ask about our Free 30-minute probate attorney consultation. From first steps to final distribution, we handle the entire probate process for you.
If a person dies without a valid will, Texas has laws in place to determine how their estate will be distributed. For example, Texas law requires that the estate goes to the spouse, if any. When there is no spouse, it goes to the children in equal shares. If there are no children or spouse, then it may go to the parents in equal shares, or if both parents are dead then it may go to the grandparents. However, there are instances where the laws of intestacy do not apply. In some cases, the laws of intestacy will not apply. For example, if the deceased person owned property in another state, that state’s laws would govern how the property is distributed. Additionally, if the deceased person had certain types of property, such as a life insurance policy or retirement account, that name beneficiaries, those beneficiaries would receive the property regardless of whether or not there was a valid will in place.
The answer is “yes”. It may be possible for people to transfer assets quickly and easily as part of a probate avoidance strategy. Approaches vary from state to state, but many of them are faster and less expensive than going through the probate process.
In 2010, Texas changed its law governing the probate process to streamline the process and eliminate the need for some larger estates to go through probate. This change is known as “Probate Express” or “Self-proving Affidavit.” The new law expanded the types of assets that could be covered through probate express/self-proving affidavit. It also reduced the number of hearings associated with probate express and changed the procedure for determining what could be included through probate express.
Since the law change in 2010, it has been possible for people to transfer assets quickly and easily without having to go through probate. This is especially beneficial for those with larger estates who would otherwise have to go through the more lengthy and expensive process. The 2013 legislature changed the law again, making it even easier for people to take advantage of this probate avoidance strategy. There are a few reasons why somebody might want to avoid probate. The first reason is that it can be expensive. Attorney fees, court costs, and executor fees can all add up. The second reason is that it can be time-consuming. Probate can take months or even years to complete. Finally, probate is a matter of public record. This means that anybody who wants to can look at the details of your estate and see how much money you have, what property you own, etc.
For people who want to keep their affairs private, avoiding probate is a good option. There are a few different ways to do this. One way is to set up a living trust. With a living trust, you transfer ownership of your assets into the trust while you’re alive. Then, when you die, the trustee—the person you’ve chosen to manage the trust—can distribute those assets according to your instructions without having to go through probate court.
Another way to avoid probate is through joint ownership of assets with someone else. This could be done by putting assets in both your name and your spouse’s name or by setting up something called tenants in common where each person owns a percentage of an asset jointly with other people.. For example, if two people own a house as joint tenants with right of survivorship and one dies, the other becomes the sole owner automatically—without having to go through probate court.
Probate attorneys are often asked this question. The answer is no, not if there is no dispute between the executor and the beneficiaries. Many times, if there is a trust involved in the estate, an accounting is required by the terms of the trust. If a trust was not involved, but an executor is handling assets of a decedent, the executor may be required by the probate court to account if a beneficiary files an accounting petition with the court.
The only reason an estate even has to go through probate is if there is a Will and the Will has not been followed exactly as written or if there is no Will at all. Since there are certain boxes that must be checked off in the probate process (home inventory, appraisal, etc.), it makes sense that an accounting is also required. It sounds like you have a very comfort level with your chosen executor, so I’d say to trust his/her judgement on this one.
Final pay is a tricky thing. How do you quickly and legally process final pay for a deceased employee? This is a question that comes up frequently. In Texas, there are no laws or regulations that govern final pay. However, there are two ways to handle paying the employee: through the Texas Payroll Tax Form – Form SP3, or through an insurance provider, such as TPAF.
The first step in paying the final paycheck is to figure out the amount of taxes. We must have an accurate gross salary to calculate these taxes. This is why it is important to know if your employee has already paid their own taxes on the income. If they have already paid, you will receive a W-2 from their employer with all the information you need to determine your state and federal payroll tax deduction. Your employee’s gross salary will be calculated on Form SP3 for your state and federal payroll taxes along with any county taxes you may have. If your employee worked in multiple states during the course of their employment, you will need to figure out the final pay for each state. You will use Form SP3 to calculate the gross salary and taxes for each state. Once you have calculated the gross salary and taxes for each state, you will add them together to get the total amount of final pay due to the employee.
The next step is to determine how you will pay the employee. There are two options: through an insurance provider or directly from your company. If you choose to pay through an insurance provider, they will issue a check directly to the employee. If you choose to pay directly from your company, you will need to write a check yourself and deliver it to the employee.
Once you have determined how you will pay the employee, you need to fill out a W-9 form. This form provides information about the recipient of payments from your company. The W-9 form must be filled out completely and accurately in order for payments to be processed correctly.
After filling out the necessary forms, calculating gross salary and taxes, and determining how you will pay the employee, you are ready to process final pay!
Probate a will, or trust in Texas is not very difficult for most families. The process being what it is, a will, or a trust is the best way to have property distributed after you die. There’s no way around it. It’s the law, and most people accept it will be done regardless of their feelings on the matter. Often times family members find themselves disagreeing with the terms of the will, or not receiving what they believe they’re entitled to, but they do it anyway because they understand that it’s in their best interest. This also happens when someone passes away and didn’t have a will.
If you’re wondering how to probate a will in Texas, the process is actually not too difficult. In fact, for most families, probating a will or trust is simply a matter of following the law. While there may be times when family members don’t agree with the terms of the will or don’t receive what they believe they’re entitled to, it’s still in their best interest to go through with the process. After all, without a valid will or trust in place, distributing property after someone passes away can become complicated very quickly.
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