What Is a Probate Court Appointed Receiver? A probate court receiver is an impartial third party who oversees a deceased person’s estate. If you’re the executor of an estate, you may have to ask the court to appoint a probate court receiver to handle the estate. But can you contest a receiver appointed by the…
Category: Probate Law
Alternatives to Probate: Collecting a Final Paycheck
Is Probate always necessary? To collect a final paycheck there is a simple and inexpensive way to do it. Many of us have all been there before. A loved one has died and you are the one to handle their estate. Probate is a process that is necessary in many cases. The Texas Estates Code…
Alternatives to Probate in Texas: Small Estate Affidavit
Should You Try to Avoid Probate in Texas? Unlike other states, Texas has a plain-language and simplified probate system. This isn’t new. Some version of this layman-friendly probate system has been around since the 19th century. In many other states, people seek to avoid probate with complicated estate planning. That’s not necessary in Texas. The…
Undue Influence and Life Insurance Beneficiary Designation
Introduction When creating a will, a person may rely on a life insurance beneficiary who will be designated to handle their affairs. A person may rely on a life insurance beneficiary if they are unable to read, write, or are in any other way inhibited from handling their affairs themselves. Having a life insurance beneficiary…
How Many Signatures Does a Will Need for Probate?
A will allows you to choose how your estate is distributed after you pass away. You can also include instructions for things like guardianship of any children, funeral arrangements and burial instructions. Your will can be as simple or complex as you want, but in most cases you’ll need at least two competent witnesses to…
How Much Can an Executor in Texas Be Paid?
Does the Executor of an Estate Get Paid? The executor of an estate is responsible for settling the estate of the deceased. The executor acts on behalf of the estate and is solely liable for any debts or obligations that are not paid by the estate. An executor fee is charged for carrying out this…
The Probate Exception to Federal Court Jurisdiction
Introduction If a party files a motion to probate a will or administer an estate, their dispute is outside the realm of federal jurisdiction. Typically this occurs when an executor or administrator files in the United States. The Ninth Circuit applies the Second Circuit’s two-part inquiry to determine whether a controversy implicates probate matters such…
Can a Guardian Sell Assets of a Deceased Ward?
Introduction A guardian is a person who has been appointed by the court to make decisions regarding the personal matters of an individual. A guardian may be appointed to take care of a minor or adult with disabilities or an elderly person. As a guardian you are legally responsible for managing your ward’s assets, including…
Texas Probate Administration for a Missing Person
Who is responsible for the probate administration of a missing person? This is not a question that comes up very often and you typically do not need to know the answer until you are faced with this unfortunate situation. For example, if you are a beneficiary of an estate, you will probably be dealing with…