A probate court is a court of limited jurisdiction that has jurisdiction over the probate of wills and the administration of estates in Texas. Probate courts are usually operated at the county level, although there are a few county-level courts that operate independently of the regular probate courts. How do you know how to pick…
Tag: probate litigation
Can a Probate Court Disqualify an Executor?
If you are named as the executor of a will, you’ll be in charge of managing the deceased person’s estate. The executor is the personal representative. However, you might be disqualified from serving as the executor if you don’t meet certain criteria under Texas state law. The Probate Case In re Estate of Gaines, 262.…
Is an Executor a Party of Interest?
An executor is a person who has the legal right to manage an estate during and after the probate process. An executor is also referred to as an administrator, personal representative or estate trustee. But is an executor a “party of interest” to other proceedings, especially non probate proceedings? Legal Terminology Doctrine of Res Judicata:…
Contesting a Probate Court Receiver Appointment
What Is a Probate Court Appointed Receiver? A probate court receiver is an impartial third party who oversees a deceased person’s estate. If you’re the executor of an estate, you may have to ask the court to appoint a probate court receiver to handle the estate. But can you contest a receiver appointed by the…
Undue Influence and Life Insurance Beneficiary Designation
Introduction When creating a will, a person may rely on a life insurance beneficiary who will be designated to handle their affairs. A person may rely on a life insurance beneficiary if they are unable to read, write, or are in any other way inhibited from handling their affairs themselves. Having a life insurance beneficiary…
How Much Can an Executor in Texas Be Paid?
Does the Executor of an Estate Get Paid? The executor of an estate is responsible for settling the estate of the deceased. The executor acts on behalf of the estate and is solely liable for any debts or obligations that are not paid by the estate. An executor fee is charged for carrying out this…
The Probate Exception to Federal Court Jurisdiction
Introduction If a party files a motion to probate a will or administer an estate, their dispute is outside the realm of federal jurisdiction. Typically this occurs when an executor or administrator files in the United States. The Ninth Circuit applies the Second Circuit’s two-part inquiry to determine whether a controversy implicates probate matters such…
Texas Probate Administration for a Missing Person
Who is responsible for the probate administration of a missing person? This is not a question that comes up very often and you typically do not need to know the answer until you are faced with this unfortunate situation. For example, if you are a beneficiary of an estate, you will probably be dealing with…
Is Settling an Estate in Probate Difficult?
Introduction This article is for people who want to know more about settling an estate in probate. Is settling an estate in probate difficult? When a person dies, the deceased’s assets are handed off to whomever is listed in the will. If there is no will, however, then the estate becomes part of probate court.…