The answer to this question depends on the jurisdiction in which the case is being tried. Some jurisdictions allow for the admission of such documents, while others do not. In general, however, the answer is yes, documents connected to prior claims are admissible in court if they have a sufficient connection to the matter at…
Tag: probate litigation
Can a New Will Revoke a Will That’s Already Probated?
When a will is probated it is declared as valid and the executor is given permission by a court to distribute assets according to the provisions of the document. What happens when a will made later in time that revokes the previously probated will is sent to a court for probate? Estate of Morris explains…
Can a Probate Judge Overturn a Jury Verdict?
Can a court rule to overturn a jury decision? (JNOV) A non obstante veredicto (JNOV) means a judgment notwithstanding the verdict. It is a judgment made during litigation that goes against what the jury decides. It happens when a jury decides in favor of one party and the judge sets that verdict aside and decides…
Venue Transfer vs. Domicile
Venue refers to the court in which a proceeding takes place. A party may want to transfer venue for a number of reasons including convenience, type of court, or possibly because the original venue lacks the jurisdiction/ability to hear the case. A person’s domicile is their permanent place of residence. How is domicile established? When…
Objections to the Appointment of a Will’s Executor
If you’re not happy with the executor appointed to oversee your estate, you may be able to object to the appointment. Here’s what you need to know. Legal Terminology Letters Testamentary Court-issued documents that are used to enforce the terms created by a deceased person within their will Letters of Temporary Administration Temporary Letters of…
Make Sure a Probate Court Has Jurisdiction to Hear Your Case
Even though a probate court is an official court of the State of Texas, it is still limited to hearing only certain matters. If it rules on matters outside of this scope, its ruling might be worthless. Make sure the probate court can hear the matter you’re arguing before it. Here’s a case that illustrates…
Can the District Court Determine Property Ownership of an Estate?
Probate is the process of administering a deceased person’s property and assets in accordance with their estate plan. At times, this can lead to disputes over the ownership and distribution of their assets. The court may be called upon to adjudicate these disputes and determine the rightful owner of property in an estate. In doing…
Is Testimony as to the Credibility and Delinquency of a Minor Admissible?
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.…
When Can a Judge Transfer a Case to Probate Court?
After a loved one dies, their property must go through probate court in order to be transferred to the rightful heirs. If you are named as the executor in the will, you will be responsible for ensuring that the process goes smoothly. Here’s what you need to know about transferring a case to probate court.…