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.… Read More
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… Read More
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… Read More
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… Read More
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… Read More
About Letters Testamentary in Texas After a person passes away and leaves behind property to be administered, one of the first steps is for a personal representative to apply to the probate court for letters testamentary or letters of administration.
About Family Settlement Agreements in Texas Family settlement agreements are used to resolve probate litigation without trial. They can help avoid litigation costs and uncertainty associated with trial. Family settlement agreements can be used to resolve a number of probate… Read More
In our last article, we wrote about how to probate an estate for a missing person and prior to that we wrote about lost wills. In response to these articles, one of our readers asked several questions about safe deposit boxes… Read More
We live in a digital world–well, most of our important documents do. Even today there are some documents that have to be kept in paper form. A will is an example. This begs the question, what happens when you lose… Read More