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June 2022
Fiduciary Duty document close-up
What happens when a person’s original will cannot be found and therefore proved in court? What constitutes non-production of a will? When will a trust be terminated? All of these questions are answered in the case In re Estate of Catlin. Probate Case In re Estate of Catlin, 311 S.W.3d 697 (Tex. App. 2010). Facts...
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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...
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Fiduciary Duty document close-up
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...
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Texas Trust Estate Planning
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...
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