If you have been named as an executor or administrator of someone’s estate in the state of Texas, you need to know what duties and responsibilities come with the job. This article will go over your legal requirements, highlighting what you need to do before beginning. Probate Case Law Olguin v. Jungman, 931 S.W.2d 607…
Tag: probate litigation
Can You Have a Probate Appeal Dismissed by Motion?
The state of Texas allows one to have a probate issue settled before going to trial on the merits. However, in the case that you cannot settle it amicably with the other party, then you can go ahead and take it to trial. In this article, we will go over what constitutes as an appeal…
Can You Prove Lack of Testamentary Capacity Even If There’s No Direct Evidence?
Introduction The law in Texas is clear that a person must have the mental capacity to execute a will. A testator’s mental capacity at the time of execution can be inferred from circumstantial evidence, such as when an individual executes a document with language that is inconsistent with the individual’s usual practices. If there’s doubt…
Texas Probate Litigation: Failure to Deny Can Be an Admission
Introduction If you’ve ever found yourself in a situation where you’re aware a party to a probate litigation but not sure how to properly handle it, read on for some important information. Legal Terminology Worker’s Compensation Act, Non-Subscriber: Employers who do not provide workers’ compensation insurance coverage. Texas does not require such coverage, but employers…
DFW Probate Law Update: If you hold a Will, Ignorance Is No Excuse
Application for Probate More Than 4 Years After Testator’s Death A will may not be submitted to probate after the fourth anniversary of a testator’s (person who made the will) death unless it is shown that the person applying for probate was not in default in failing to bring it to probate sooner. Here default…
Is Divided Land Used as One Tract Considered One Unit?
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…
Can You Make a Texas Affidavit Based on Belief Alone?
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…
Can a Will Go Through Texas Probate Twice?
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…
Is Your Texas Will Invalid?
When Is a Texas Last Will and Testament Invalid? After someone dies, their will is often one of the first things that needs to be dealt with. But what happens when a will is invalid? In Texas, there are a few different circumstances that can render a will null and void. Learn more about what…