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 […]
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 […]
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 […]
What county do you file a probate application in for a Texas probate? The general rule is you file the application in the county in which the decedent resided. But this may not always be the case. The In re Estate of Griffith, No. 05-19-01144-CV (Tex. App.–Dallas [5th Dist.]), provides an example. Facts & Procedural […]
If someone dies, does Texas law allow the dead person to sue you? The answer is not as clear cut as one would think. The court addresses this in Balderaz v. Martin, No. 13-18-00056-CV (Tex. App.-Corpus Christi 2019).
One of the issues that often comes up in probate cases is whether the parties can recoup their attorneys fees from the estate. The answer is usually yes, but there are rules involved. The Estate of Pharris, No. 10-17-00260-CV (Ct. App.–Waco 2019), case provides an opportunity to consider these rules. Facts & Procedural History This […]
There are special rules that are involved when a Texas resident dies without a will. One set of rules involves heirship proceedings. This is a legal term that refers to the process of identifying who is entitled to inherit from someone who died without a will. Heirship proceedings are often filed several years after the […]
One generally has to be an “interested party” to participate in the probate process in Texas. If an interested party in an estate is distributed property in full satisfaction of their interest, are they no longer an interested party? The court addresses this in Estate of Daniels, No. 06-18-00049-CV (Tex. App.–Texarkana 2019).
Filing Inventory in Texas Within 90 days after qualification, the personal representative must file with the Court a sworn inventory, appraisement and list of claims (“Inventory”) of the estate. The Inventory must include all estate real property located in Texas and all estate personal property regardless of where the property is located. And it must […]
What is an independent administration? An independent administration is a non-court administration. After a person has applied for letters testamentary and been qualified as independent executor by the court, the executor files an inventory of the estate’s assets and their appraised value, and a list of claims of the estate. Thereafter, the executor administers the estate […]