The credibility of a witness’ testimony is often a deciding factor in a court case. A recent study has found that the majority of young people who have been involved in the juvenile justice system do not believe that their testimony is credible. This is sometimes applicable in probate administration cases, and in probate litigation.…
Category: Probate Law
When Can a Judge Transfer a Case to Probate Court?
After a loved one dies, their property must go through probate court in order to be transferred to the rightful heirs. If you are named as the executor in the will, you will be responsible for ensuring that the process goes smoothly. Here’s what you need to know about transferring a case to probate court.…
Is Income from a Trust Considered Community Property?
If you’re considering an income trust, there are a few things you should know about community property. This case gives some information on what you need to know about this type of trust and how it can benefit you. Legal Case Cleaver v. George Staton Co., 908 S.W.2d 468 (Tex. App. 1995) Parties Cleaver: Appellant…
Selecting the Right Probate Court
A probate court is a court of limited jurisdiction that has jurisdiction over the probate of wills and the administration of estates in Texas. Probate courts are usually operated at the county level, although there are a few county-level courts that operate independently of the regular probate courts. How do you know how to pick…
Who Can Secure a Decedent’s Property?
When a person dies, his or her estate is the collection of the person’s assets at the time of death. The estate is managed by an executor, who is responsible for paying any debts and taxes owed by the deceased, as well as distributing the remaining assets according to the will. If you are the…
Can a Probate Court Disqualify an Executor?
If you are named as the executor of a will, you’ll be in charge of managing the deceased person’s estate. The executor is the personal representative. However, you might be disqualified from serving as the executor if you don’t meet certain criteria under Texas state law. The Probate Case In re Estate of Gaines, 262.…
Is an Executor a Party of Interest?
An executor is a person who has the legal right to manage an estate during and after the probate process. An executor is also referred to as an administrator, personal representative or estate trustee. But is an executor a “party of interest” to other proceedings, especially non probate proceedings? Legal Terminology Doctrine of Res Judicata:…
Texas Probate Partition Cases on Appeal
Texas law provides that, in a partition action, the court has the power to sell the property on application of any one or more of the joint owners. The court may also grant money judgments against any or all of the joint owners. This is also true for inherited property. In fact, inherited property is…
Common Words in Probate Cases
Probate Terms A probate case is a legal proceeding to administer the estate of a person who has died. There are common terms in probate cases that you should know. In this article, we will define some of these terms. The following is a list of the most commonly used terms in probate cases: Administrator…