If you’re like most people, you probably don’t think too much about what would happen to your retirement account if you died. But it’s actually a pretty important question, especially if you live in Texas. In Texas, inherited retirement accounts are subject to some pretty strict rules. For example, if you die before you’ve reached…
Tag: Texas Probate
Who Can Initiate a Probate in Texas?
Probate is the legal process of overseeing the distribution of a person’s estate after they die. It can be complicated and time-consuming, but fortunately there are people who can help make it happen – namely, probate attorneys. In this article, we’ll explore what probate attorneys do, who can initiate a probate in Texas, and some…
Will a Court Accept “I Didn’t Know” as an Excuse for Not Complying with Probate Deadlines?
Probate is a court process that kicks in when someone dies. As this case shows, if you are a potential executor of a will and don’t file for probate within the allotted time, you might not get a second chance. Terminology Holographic Will: A holographic will is a will that is entirely handwritten and signed…
9 Records to Locate after the Death of a Loved One
When a family member passes away, it can be difficult to know what type of records they had in their possession. You usually need this information before you start planning a probate administration. If you don’t know where to begin, take a look at the list below for some guidance on what you should look…
To Whom Do Executors Owe a Fiduciary Duty?
Negligence and Fiduciary Duty A fiduciary is a person who holds a legal or ethical relationship of trust with another party. If a person is a fiduciary, they have what is called a fiduciary duty to that party. A fiduciary duty can exist in several special relationships or circumstances and the type of duty that…
What’s the Proper Probate Venue When Co-Defendants Live in Different Texas Counties?
Legal Terminology Pleas of Privilege Raises an objection to the venue of an action. Article 1995, Revised Civil Statutes (Code): Subdivision 4: States that there must be a resident defendant for a bona fide cause of action, and a non-resident defendant must either be a necessary or a proper party. Subdivision 29a: States that the…
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…
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.…
How to Handle Small Estates in Texas with Limited Assets
How to Handle Small Estates in Texas If you find yourself in the position of having to handle a small estate in Texas with limited assets, there are some steps you can take to make the process as smooth as possible. First, you’ll need to obtain a certified copy of the death certificate from the…