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The Process of Appointing a Temporary Probate Administrator

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 […]

Fiduciary Duty document close-up

Objections to the Appointment of a Will’s Executor

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 […]

Is Testimony as to the Credibility and Delinquency of a Minor Admissible?

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. […]

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. […]

How Community Property Laws Impact the Probate Process

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 […]

Can Executors Get Paid in Texas Probate Cases

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 […]

Texas Trust Estate Planning

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 […]

Muniment of Title

Can You Prove Title After Probate Statute of Limitations Has Expired?

Legal Terminology Probate Case Facts & Procedural History Testatrix died on August 10, 1979, and left a will instructing that all her estate be issued to the Applicant. The Appellee and his sister were the secondary beneficiaries under the will. The will was not offered for probate within four years of Testarix’s death. Appellant believed […]