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…
Category: Probate Law
Texas Probate Law Firm Continues Rapid Growth
Adds veteran probate attorney, Hallie O’Connor, to its Dallas office FOR IMMEDIATE RELEASE: Dallas, October 10, 2022: Kreig LLC, a Texas-based probate law firm, announced today that Attorney Hallie O’Connor has joined the firm’s Dallas probate practice. “We are thrilled to have Hallie join our team,” said CEO Jack Manhire. “She is a highly respected…
Are You Suitable to Serve as a Texas Executor?
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…
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…
What is a Texas Affidavit of Heirship?
A Texas affidavit of heirship is a legal document that declares someone as the heir to an estate. This document can be used when there is no living blood relative who can inherit the estate. The person who signs the affidavit is called the “heir representative.” What is an affidavit of heirship? An affidavit of…
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…
Probating a Will in El Paso, Texas
Introduction After a loved one passes away, you may be wondering what needs to be done in order to settle their estate. If they left behind a will, the process of probating it in El Paso, Texas is relatively simple. In this article, we’ll walk you through the steps you’ll need to take in order…
The San Antonio Probate Process
Introduction Probate is the legal process of distributing a deceased person’s assets to their heirs. If you live in San Antonio, Texas and are named in someone’s will as an executor, or if you are an heir to an estate, you may have to go through probate. The process can be complicated, but this article…
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…