When a person dies, their will must be probated in order to distribute their assets according to their wishes. In most cases, the original will is presented to the court for probate. This can be tricky when the original will is lost. But what happens if the lost will includes language that creates a trust?...KEEP READING

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 the need is immediate....KEEP READING

Just because someone is named in a will or even appointed to be an executor of an estate does not mean that they will act according to the will or the law. People are people, and there are good and bad people. This begs the question as to what one can do if they are...KEEP READING

The probate process in Texas can be a complex and lengthy undertaking, with a myriad of legal requirements to navigate. One such requirement is obtaining a death certificate, a vital document that must be filed with the State of Texas within 10 days following a death. The death certificate is not only crucial for recording...KEEP READING

As experienced Houston guardianship attorneys, we understand that the legal aspects surrounding the guardianship of minors can often be complex and overwhelming. Texas law outlines a series of provisions to guide the selection and eligibility of individuals for guardianship. To help you navigate these legalities, we’ve put together an easy-to-understand guide based on Chapter 1104...KEEP READING

There are times when you need to access the decedent’s bank records before a probate case is started. This may be needed to tell if there are even assets that need to do a probate. The subpoena is one way to get records, but there is a question as to whether the probate court can...KEEP READING

Community property laws are a factor in many estates that require a probate proceeding. Community property, also known as marital community property, is similar to joint tenancy. Under joint tenancy, both spouses own all property equally, and upon the death of one spouse, his or her interest in the property is automatically transferred to the...KEEP READING

The executor or administrator of an estate is responsible for settling the probate estate. The executor or administrator of an estate must deal with a lot of issues: paying all the debts and taxes, expenses, inventorying the assets, etc.–not to mention potential liability if these things are done incorrectly. An estate may take months, sometimes...KEEP READING

Interlocutory appeals serve as a vital component of the legal system, providing a mechanism for parties to seek immediate review of important legal issues during an ongoing case. Unlike regular appeals that occur after a final judgment, interlocutory appeals address specific rulings or issues that could significantly impact the outcome of the case or have...KEEP READING

If you are involved in a lawsuit, you need to know how to properly serve the lawsuit papers on the person you are suing. There are nuanced rules for how and when this can be done. The probate rules add a layer of complexity as the Texas Estates Code includes various rules for serving citations...KEEP READING