Introduction Probate is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. However, there are some exceptions. For example, if the estate is small or if all of the assets are held…
Tag: probate litigation
Are You an “Interested Party” If You Already Received Benefits from a Will ?
Legal Terminology In Limine hearing: A procedure that allows parties to exclude evidence from a jury Uninterested persons: Anyone who has a property right or claim against the estate being administered Probate Law Case Sheffield v. Scott, 620 S.W.2d 691, 693 (Tex. App. — Houston [14th Dist.] 1981, writ ref’d n.r.e.) Facts and Procedural History…
Can a Texas probate court grant relief on something that was not explicitly in the pleading?
Introduction In Texas, probate courts have the authority to grant relief on matters that are not explicitly stated in the pleadings. This means that if there is an issue that arises during the course of probate proceedings, the court can take action to address it. Texas law gives the court broad powers to do whatever…
Alternatives to Probate: Order of No Administration
The “order of no administration” is one of the alternatives to a full probate. It is used when the estate has some assets, but the award of a family allowance would exceed the value of the assets. Since the family allowance is paid before nearly all other claims to the estate assets, there is no…
Can a Testator’s Feelings About Someone Prove Fraud in Probate Court?
When a person dies, their estate must go through probate in order to be distributed to their heirs. In Texas, probate is handled by the court system, and there are certain rules and procedures that must be followed. One of the key aspects of probate is proving that the will is valid. In some cases,…
Can You Argue Facts Excluded from Evidence in Probate Court?
Introduction: Filing or Contesting a Will Texas Probate Court is the court in charge of handling the probate process for deceased persons who resided in Texas. This includes distributing their assets to heirs and resolving any debts or claims against the estate. The court also has jurisdiction over guardianship and conservatorship matters involving incapacitated adults…
Must a Judgment Against a Deceased Debtor Be Executed by the Probate Court?
In Texas, if a debtor dies before the judgment is satisfied, the judgment may be enforced against the estate in probate court. If you are a judgment creditor and the debtor dies, you must take action within a certain time frame to have the judgment enforced by the probate court. But must the judgment be…
Must an Inference Be Supported by Evidence?
An inference is an educated guess. When you draw an inference or conclusion based on the evidence, there’s a reason you come to that conclusion and that reason likely comes from the evidence presented within the text. Inferences may be made based on evidence, but an inference itself is not evidence. Can a lawyer in…
When Can You Exclude Witness Testimony in Probate Litigation?
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…