Are Statements of a Testator Presumed True in Texas Probate?

Legal Terminology Self-proved will laws A will that can be validated without the use of a probate court. Such a will usually requires the presence of witnesses who attest to the will’s validity. Presumption of Continuity When no circumstances exist that suggest a will lacks validity or has been revoked, the burden shifts from a…

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Can Probate Court Be the Proper Venue for a Personal Injury Case?

Can someone bring a lawsuit regarding personal injury, death, or property damage in a probate court? Let’s look at the case of Gonzalez v. Reliant Energy Co. to find out. Legal Terminology Anti-suit Injunction A remedy issued by a court in one jurisdiction that prohibits a litigant from initiating or continuing litigation in another jurisdiction.…

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Can You Be Released from Liability in an Independent Administration Texas Probate Matter?

Can You Be Released from Liability in an Independent Administration? If you’ve been named as the independent administrator of a Texas probate estate, you may be wondering if you can be released from liability. The answer depends on a number of factors, including the size and complexity of the estate, and whether or not there…

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How to Deal with Debt Collectors in Independent Probate Administrations in Texas

Introduction If you are an executor or administrator of an estate in Texas, you may be wondering what to do about debt collectors. After all, the last thing you want is for the estate to be hounded by creditors. Read on to find out more about how to deal with debt collectors in independent probate…

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Dependent vs. Independent Probate Administration

Dependent Probate Administration Before filing the probate application, one has to make a choice between dependent or independent probate administration. The term “dependent administration” refers to the probate being administered by the personal representative with direct supervision by the court. As explained below, dependent administration is an extremely restrictive method for administering an estate. This…

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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…

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