Introduction The writ of mandamus is a judicial mandate issued by a higher court to force a lower court or government official to perform their duties. This is not an order issued by the Supreme Court, but rather can be issued by any other court that has jurisdiction over the lower court in question. Sometimes,…
Category: Probate Law
Claiming Lost or Destroyed Promissory Notes In Texas
Introduction When a promissory note is lost or destroyed, it could be an immediate disaster for the person to whom the note is owed. That person can file a suit in order to recover on the claim and, if he or she is successful, recover from the owner of the promissory note. Probate Case Geiselman…
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…
Texas Disclaimers in Guardianship Proceedings
There are four types of disclaimers. The first type is for when an individual who received a gift or bequest disclaims all rights to the gift, thereby giving up their interest in the property and allowing the property to pass as if he or she never received it. The second type is for when an…
What If I Don’t Believe That A Will Is Valid?
What If I Don’t Believe That A Will Is Valid?: How to Contest or Dispute a Will If you don’t believe that a will is valid, there are a few things you can do. You can file a petition with the court to have the will probated, or you can file an objection to the…
How Do You Probate a Lost Will?
You may be surprised to learn that if a will cannot be located, it may still be possible to probate the estate. To do so, you’ll need to follow the proper legal procedures and file the right paperwork with the court. This article will guide you through the process of probating a lost will. What…
Is Your Sister or Brother Taking Advantage of Mom’s Estate?
If a person becomes unable to take care of their financials, as the elderly population does, people may need to step in. That is where adult children come into play. An adult child may decide to help but abuse the disability. Don’t be afraid to call lawyers if you feel like your parent is being…
Is an Online Will Valid?
If you’re considering making an online will, you might be wondering if it’s actually legal. The short answer is yes, an online will is just as valid as a handwritten one – as long as it meets all the requirements of a regular will. Keep reading to learn more about what makes a will valid,…
Tax Implications of Being an Executor in Texas
When a person dies without having a will in place, the person who has been appointed executor is tasked with distributing all of the assets from the probate estate to those people and organizations named in the deceased’s will, or if there is no will, it falls on the executor to distribute everything at their…