Terminology Intestate Heirs: Individuals who are legally entitled to inherit from the estate of someone who does not leave a valid will. Probate Case Estate of Glover, 744 S.W.2d 939 (Tex. 1988) Circumstances & Procedural History: Proving a New or Old Will This case pertained to a will contest between a will beneficiary and several…
Category: Probate Law
Can a Court Add Probate Proceedings to a Muniment of Title?
Legal Terminology Muniment of Title/Deed: Means there is no need for administration of the estate. This allows for a will to be probated quickly and cost-efficiently. Administration of an Estate: Allows for the management of the liabilities and assets of a deceased person. Probate Case In re Estate of Kurtz, 54 S.W.3d 353 (Tex. App.…
Rebutting the Presumption of Revocation of a Missing Will
Terminology Service of Citation: legal notice of the filing of the case to the opposing party. Restricted Appeal: an appeal of specific aspects of a judgment rather than the judgment in its entirety. Rule 21 & Rule 21(a), Texas Rules of Civil Procedure: states that any amended pleading must be served on an answering party.…
How Do You Determine Standing in Texas Probate Court?
In the Boone v. McGalley case, challenges to an applicant’s standing in probate court require a separate hearing prior to continuing with further action. Probate trial courts, without the collective designation of standing, are not able to rule on challenges and must defer to a higher court. Probate Law Terminology In Limine: means that an…
Conflicts of Law: What Law Applies?
When Two Laws Conflict Sometimes the issue arises of which state law to apply to a case. Depending on which law is applied can change the outcome of a case and what a party is held liable for. How does a court decide which law to apply? What happens when there are conflicting laws that…
When Is an Estate Legally Closed in Texas?
When someone goes through the process of an estate, this usually means that they will have to liquidate the deceased’s assets. This is not always a simple financial task to undertake, and there are many different legal and monetary details involved. You might be aware of some of these steps, but after reading this article…
Can You Bring a Law Suit Against a Texas County in Probate Court?
In a person’s will, they may leave either personal or real property to an entity rather than to an individual. They could leave land to a city, business, organization, county, or the like. What happens when there is a suit against a county rather than an individual? What is the controlling law and how is…
When Is a Judgment Considered “Final” in a Probate Case?
The term “final judgment” is often used in probate cases, but does it mean the same thing as a final judgment in other cases? In other words, when is the decision able to be appealed? In this article, we’ll take a look at when a judgment is considered final in a probate case and what…
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.…