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Probate Administration
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....
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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...
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Can Executors Get Paid in Texas Probate Cases
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...
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Proper Probate Service
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...
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Muniment of Title
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...
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How long does probate take in Texas
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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Lost copy of will
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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muniment of title probate texas
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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family settlement agreements
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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filing claim in probate case
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...
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