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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
All we have is time. And time is limited. Our legal system is built on this concept. When it comes to probate law, our probate laws focus on the concept of finality. They focus on wrapping up a decedent’s affairs to allow those who are living to move on. This is why Texas law provides […]
The probate courts will often hold funds in their registry. The probate court has authority and control over these funds. Once the funds are in the registry and an independent administrator is appointed to administer the probate estate, who has control over these funds? The concept of the independent administrator is that they are tasked […]
It is common for a parent to create a joint bank account with the intent that someone accesses the account to pay for their funeral or last expenses. Who owns this account once the parent dies? What about other bank accounts that are held jointly? Does the joint owner, surviving spouse or someone else inherits […]
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