The answer to this question depends on the jurisdiction in which the case is being tried. Some jurisdictions allow for the admission of such documents, while others do not. In general, however, the answer is yes, documents connected to prior claims are admissible in court if they have a sufficient connection to the matter at…
Category: Probate Law
Claims Against a Deceased Person’s Estate
If you have a claim against the estate of a deceased person—for example, for unpaid wages or breach of contract or other claim against the estate—you may be wondering what to do. The process for making a claim against an estate depends on whether the estate is being administered through probate or not. The case…
Can a New Will Revoke a Will That’s Already Probated?
When a will is probated it is declared as valid and the executor is given permission by a court to distribute assets according to the provisions of the document. What happens when a will made later in time that revokes the previously probated will is sent to a court for probate? Estate of Morris explains…
What’s the difference between Tangible and Intangible Assets in Probate?
With a will, you can divide both your tangible as well as your intangible assets. Whether an item belongs in the estate or not depends on what type of asset it is. It’s very important to make this distinction between tangible and intangible assets, otherwise the distribution of an item of significant value could be…
The Process of Appointing a Temporary Probate Administrator
Temporary Administration in Texas The court is required to appoint a temporary administrator if the judge determines that there is an immediate need to appoint a personal representative. The courts do not favor temporary administrations. They are often viewed as an unnecessary expense. The party seeking a temporary administration has to convince the court that…
Effects of Testamentary Capacity and Undue Influence on Wills
Testamentary capacity refers to a person’s ability to create a valid will. This ability deals both with being of legal age to create a will (18) and the mental capacity of the person making the will. Undue Influence occurs when a person acts under the influence of another rather than of their own free will…
Can a Probate Judge Overturn a Jury Verdict?
Can a court rule to overturn a jury decision? (JNOV) A non obstante veredicto (JNOV) means a judgment notwithstanding the verdict. It is a judgment made during litigation that goes against what the jury decides. It happens when a jury decides in favor of one party and the judge sets that verdict aside and decides…
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…
Can a Holographic Will Be In Someone Else’s Handwriting?
A holographic will is a handwritten will that is not witnessed. The testator, the person who made the will, must write, date, and sign the entire will. This type of will is valid in any state, including the state of Texas. However, as with most wills, it must be proven to be your will and…