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

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...KEEP READING

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...KEEP READING

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...KEEP READING

Yahoo! Finance ran an article entitled “How Long Does Probate Take.” The article sets out several circumstances that can slow down the probate process. The article is not Texas-specific, so many of the circumstances do not really apply for probates in Texas or are more nuanced than mentioned in the article. The article provides an...KEEP READING

It is common to see family members reach an informal agreement as to how to handle the estate when a family member dies. These informal agreements often lead to disputes and end up in probate litigation. This is especially true when it comes to real estate. Family members may put off dealing with real estate....KEEP READING