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Probate Articles

Houston Probate Articles

This page provides informative articles on all aspects of probate in Texas. Our team of experienced attorneys regularly publishes articles on probate administration, probate litigation, estate planning, and other important topics. We strive to provide you with the knowledge and resources you need to make informed decisions about your legal matters. Browse our articles to learn more about probate and how it affects you and your loved ones.

Our Houston Probate Attorneys provide a full range of probate services to our clients. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.

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11probate court registry
09
Apr

Control Over Funds Deposited With Probate Court

April 9, 2022,
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...
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11inherit joint bank account
08
Nov

Who Inherits a Joint Bank Account in Texas

November 8, 2021,
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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11How long does probate take in Texas
28
Sep

How Long Does Probate Take in Texas

September 28, 2021,
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...
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11Affidavit form, documents, and gavel on table
06
Jul

Using an Affidavit of Heirship as Evidence of Ownership of an Estate

July 6, 2021,
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....
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11Lost copy of will
20
Jun

What Do You Do if You Lost the Original Copy of a Will?

June 20, 2021,
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...
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11judge in robe writing on paper
06
May

Court Makes Ruling in Michael Jackson Estate Case: Estate Taxes for Celebrities

May 6, 2021,
When estates are left behind, particularly large ones, there is often a dispute. Such is the case with the estate of the late Michael Jackson. Even though he left this earth over a decade ago, the value of aspects of his estate is just now being decided by the courts. Michael Jackson was undoubtedly one...
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11probate after a muniment
13
Mar

Probate After a Muniment of Title

March 13, 2021,
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...
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11family settlement agreements
19
Feb

Drafting Agreements in Probate Cases

February 19, 2021,
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...
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11texas personal jurisdiction executor probate
10
Feb

Nonresident Executor Subject to Texas Jurisdiction

February 10, 2021,
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

February 3, 2021,
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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