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…
Category: Probate Law
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…
Is Settling an Estate in Probate Difficult?
Introduction This article is for people who want to know more about settling an estate in probate. Is settling an estate in probate difficult? When a person dies, the deceased’s assets are handed off to whomever is listed in the will. If there is no will, however, then the estate becomes part of probate court.…
Relief on Irrevocable Trust from Harris County Probate Court Affirmed
An irrevocable trust is a legal arrangement where the creator (settlor) of the trust transfers assets to another person or entity (trustee), while retaining the right to receive income generated by the trust and/or take possession of the trust property at a later date. If you are considering setting up an irrevocable trust, here’s a…
Legal Guardian Wins $8.3M in Texas Medical Malpractice Suit
A jury at the Tarrant County Probate Court 2 returned a verdict of $8.3 million in favor of a medical malpractice lawsuit earlier this month. Texas Harris Health Methodist Hospital Southwest Fort Worth will have to pay at least a part of that amount to the family of Angela Davis, a former parole office who…