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11texas personal jurisdiction executor probate
10
Feb

Nonresident Executor Subject to Texas Jurisdiction

Many courts shifted to online zoom hearings when the COVID virus situation started. This includes probate courts in Texas. This makes sense. Many probate hearings require witnesses. The witnesses are usually friends and acquaintances of the deceased. As with the deceased, generally, they are usually older. They may be more susceptible to have a strong...
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11houston probate term of trust
03
Feb

Anti-Defamation Law Trumps Terms of Trust

There are laws that conflict with other laws. These conflicts are often due to competing policies. What may have been a good policy for one fact pattern, may not be a good policy given a slightly different fact pattern. The recent Marshall v. Marshall, Nos. 14-18-00094-CV, 14-18-00095-CV (Tex. App–Houston [14th]), case provides an example. The...
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11filing claim in probate case
19
Sep

Guardianship Claim Bars Probate Claim?

Guardianship Claim Bars Probate Claim? Imagine that you are owed money by someone who becomes incapacitated and they have a guardian appointed. Your debt is not secured by any property, such as real estate. The guardian sends you a notice to submit your claim for payment. The debtor is of an advanced age or not...
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11simultaneous signatures on will
08
Sep

Are Simultaneous Signatures Required for a Will?

The making of a will is serious. A valid will dictates who gets your property and when they get it. An invalid will can result in your property passing according to Texas intestacy law. It can also set up an expensive probate dispute. This is why estate planning attorneys take such care in helping clients...
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11houston probate fraudulent concealment of will
30
Aug

The “Discovery Rule” in Probate Disputes

There are some strict deadlines for contesting a will in Texas. The will contest generally has to be filed within two years of the time the will is admitted to probate. What happens if one of the parties hides the existence of the will and secretly probates the will? What if they make statements to...
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11houston probate attorney rubber stamp
26
Aug

Signing a Will With a Rubber Stamp

A will has to be executed with the proper legal formalities. This includes having the terms of the will be in writing and signed by the decedent. There have been a number of disputes as to what counts as a writing and what counts as a signature. The courts have developed a body of case...
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11houston probate attorney broken promise
25
Aug

Broken Promise to Leave Property to Heir

What happens if someone makes a promise to leave property to another person in their will, but then they update their estate plan and fail to provide the property as promised? Can the person who expected to receive the property recover from the property from the probate estate? If so, what if the promise was...
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11houston probate attorney homstead rights
21
Aug

Adult Child’s Rights to Parent’s House

Living arrangements can pose a number of problems when an older family member is placed in a home or they die. The family members have to decide what to do with the property. These issues often result in probate litigation after the parent dies. But what about when the parent is alive, but incapacitated? If...
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11measure of damages in probate litigation
02
Apr

The Measure of Damages in Probate Litigation

An executor has a fiduciary duty as to the beneficiaries of a probate estate. If they breach this duty, the beneficiaries still have to establish the amount of any damages. If the damage is the loss of property, the measure of damages is the fair market value of the property that was lost. This raises...
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11houston probate attorneys
11
Mar

Time Limits for Texas Probate Disputes

There are a number of deadlines that apply in probate disputes. These deadlines are strict given the policy for having finality with probate matters. The recent Watson v. Schrader, No. 11-18-00064-CV (Tex. App. [11th Dist.]–2020) case provides an example. Facts & Procedural History The dispute involved wills executed in 1995 and a family trust created...
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