If you’re not happy with the executor appointed to oversee your estate, you may be able to object to the appointment. Here’s what you need to know. Legal Terminology Letters Testamentary Court-issued documents that are used to enforce the terms created by a deceased person within their will Letters of Temporary Administration Temporary Letters of…
Category: Probate Law
Judge denies request to throw out country music icon’s handwritten will
A McLennan County judge will not dismiss the 2003 handwritten will of Texas music legend Billy Joe Shaver, which purportedly leaves his estate to his nephew. The nephew of another country music legend, Willie Nelson, originally made the request to throw out the will. Tommy Witherspoon of KWTX reports the following: The ruling by County…
Can a Lost Will Be Admitted to Probate?
What If You Can’t Find the Will? The Texas probate process works best when the will is available for review. If a will can’t be found, for example, because it was destroyed in a fire or accident, or a dead person’s family can’t find it, the process is a lot more complicated. But can a…
Estate Plan vs. Living Trust: What’s the Difference?
What’s the Difference Between an Estate Plan and a Living Trust? If you’re planning for the future of your estate, you may be wondering what the difference is between an estate plan and a living trust. Some people believe they are the same thing. But the truth is they aren’t. There is a significant difference…
Is It Good Enough to Initial a Will in Texas?
Last Will and Testament Requirements in Texas You might think that as long as you have a will, your estate will be distributed the way you want it to be. But if you don’t have a valid will in Texas, your estate will be distributed according to the laws of intestacy. It’s established law in…
Probate and the Texas Death Certificate
Do You Need a Texas Death Certificate for the Probate Process? The death certificate is generally needed to start the probate process. A death certificate must be filed with the State of Texas within 10 days of death. This time frame is not always met. When there are questions about the cause of death or…
Funerals, Burials, and Final Costs
Funeral Costs & Last Expenses Paying for the Last Expenses Planning the funeral of a loved one can be very stressful. When a person dies, there will be a question as to how and when their funeral and last expenses are to be paid. Even if there is a will, unless the decedent is survived…
Make Sure a Probate Court Has Jurisdiction to Hear Your Case
Even though a probate court is an official court of the State of Texas, it is still limited to hearing only certain matters. If it rules on matters outside of this scope, its ruling might be worthless. Make sure the probate court can hear the matter you’re arguing before it. Here’s a case that illustrates…
Can the District Court Determine Property Ownership of an Estate?
Probate is the process of administering a deceased person’s property and assets in accordance with their estate plan. At times, this can lead to disputes over the ownership and distribution of their assets. The court may be called upon to adjudicate these disputes and determine the rightful owner of property in an estate. In doing…