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...KEEP READING

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...KEEP READING

Do You Need a Texas Death Certificate for the Probate Process? The death certificate is generally needed to start the probate process. A death certificate must be filed with the State of Texas within 10 days of death. This time frame is not always met. When there are questions about the cause of death or...KEEP READING

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....KEEP READING

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....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

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...KEEP READING

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...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. Learn how to properly serve process of court documents. If you have a claim against a person or company, you need to serve process on that person or company and provide...KEEP READING

Legal Terminology Texas Estates Code, Statute of Limitations (SOL): No will shall be admitted to probate after the lapse of four years from the death of the testator unless there is a showing of proof that the party was not in default and no testamentary letters are issued where a will is admitted after the...KEEP READING