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

What do you do if you lost the original copy of a Will or you cannot find the original?  What if you can find a copy of the Will?  Can you probate a copy of the Will?  If you can probate a copy of the Will, how do you go about probating a copy of...KEEP READING

Muniment of title is an alternative to the probate process in Texas. It is cost-efficient.  It is fast–relatively speaking. A Will is required. Instead of appointing you as the executor, the probate court enters an order distributing property according to the Will. And walla! But what if the story does not end there? What if...KEEP READING

The beneficiaries and heirs of a probate estate are not stuck with the distributions set out in the decedent’s will or by Texas intestacy laws. The beneficiaries and heirs can agree among themselves to some other distribution scheme. This usually involves negotiating and recording the agreement in a family settlement agreement. A carefully drafted settlement...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING