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Will a Court Accept “I Didn’t Know” as an Excuse for Not Complying with Probate Deadlines?

Probate is a court process that kicks in when someone dies. As this case shows, if you are a potential executor of a will and don’t file for probate within the allotted time, you might not get a second chance. Terminology Holographic Will: A holographic will is a will that is entirely handwritten and signed […]

To Whom Do Executors Owe a Fiduciary Duty?

Negligence and Fiduciary Duty A fiduciary is a person who holds a legal or ethical relationship of trust with another party. If a person is a fiduciary, they have what is called a fiduciary duty to that party. A fiduciary duty can exist in several special relationships or circumstances and the type of duty that […]

What’s the Proper Probate Venue When Co-Defendants Live in Different Texas Counties?

Legal Terminology Pleas of Privilege Raises an objection to the venue of an action. Article 1995, Revised Civil Statutes (Code): Subdivision 4: States that there must be a resident defendant for a bona fide cause of action, and a non-resident defendant must either be a necessary or a proper party. Subdivision 29a: States that the […]

What Is Considered a Will Contest in Probate Court?

Legal Terminology Impleaded: To bring in a third party to a lawsuit who might be liable to either the plaintiff or the defendant. Probate Case Klein v. Dimock, 705 S.W.2d 405 (Tex. App. – Fort Worth 1986, writ ref’d n.r.e.) Facts & Procedural History L.A. Klein (Testator) and his wife, Mary Louise, executed a joint […]

Texas Trust Estate Planning

Evidence That a Will Was Not Revoked

Terminology Intestate Heirs: Individuals who are legally entitled to inherit from the estate of someone who does not leave a valid will. Probate Case Estate of Glover, 744 S.W.2d 939 (Tex. 1988) Circumstances & Procedural History: Proving a New or Old Will This case pertained to a will contest between a will beneficiary and several […]

When Is an Estate Legally Closed in Texas?

When someone goes through the process of probating an estate, this usually means that they will have to liquidate the deceased’s assets. This is not always a simple financial task to undertake, and there are many different legal and monetary details involved. You might be aware of some of these steps, but after reading this […]

How to Handle Small Estates in Texas with Limited Assets

How to Handle Small Estates in Texas If you find yourself in the position of having to handle a small estate in Texas with limited assets, there are some steps you can take to make the process as smooth as possible. First, you’ll need to obtain a certified copy of the death certificate from the […]

Can a Beneficiary in Prison Receive an Inheritance?

Introduction If you are the beneficiary of an inheritance but are currently incarcerated, you may be wondering if you can still receive your inheritance. The answer depends on the state in which you are incarcerated and the type of inheritance you are receiving. Read on to find out more about how to receive an inheritance […]

Texas Trust Estate Planning

Do Texas Courts Require an Attorney to Probate a Will?

When someone dies, their estate must go through the probate process. This is true whether or not the deceased had a will. Probate is the legal process of settling an estate, and it can be complicated. In Texas, the court may require that an attorney handle the probate process, depending on the size and complexity […]