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Probate Administration Probate Law Blog

What Happens if You Lose an Original Will?


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 your original will?  Or what happens if you cannot locate the original will for a […]

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Probate Administration Probate Law Blog

Executor Not Required to Post Bond Absent Complaint


Texas law allows for an informal probate process. This gives the executor a considerable amount of leeway to administer the probate estate. But as highlighted in the recent In Re Cassar, No. 14-17-00825-CV (Ct. App.–Houston 2018) case, there are instances when the probate court will order the executor to post a bond to ensure that […]

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Probate Administration Probate Law Blog

Texas Probate Attorney Ad Litem Fee is Not Negotiable


Texas Probate Attorney Ad Litem Fee is Not Negotiable Probate courts in Texas appoint attorneys to represent the unknown heirs.  The attorneys fee is paid out of the probate assets.  In Estate of Erwin, No. 07-16-00130-CV (Tex. App.–Amarillo 2018), the court addressed whether the beneficiaries and the attorney ad litem can negotiate or agree on […]

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Probate Administration Probate Law Blog

Obtaining Clear Title When Will Not Probated


Obtaining Clear Title When Will Not Probated How do you get clear title to real estate when the owner died with a will, but the will was never admitted to probate? The court addressed this in Ramirez v. Galvan, No. 03-17-00101-CV (Tex. App.–Austin 2018).

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Probate Administration Probate Law Blog

Probate Settlements Are Binding Under Texas Law


Settlement agreements entered into during the probate process are generally binding. But what happens when one party enters into an agreement and later changes their mind? Can they get out of the settlement agreement? The court recently addressed this in Estate of Riefler, No. 07-16-00375-CV (Tex. App.–Amarillo 2017).

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Probate Administration Probate Law Blog

Court Says Widow’s Allowance Paid out of Community Property Estate


The probate process can present a number of challenges for surviving spouses. These challenges can include figuring out how to pay personal expenses when the primary liquid assets are tied up in probate. Texas law allows for a widow’s allowance to cover these expenses. The court in Estate of Nielsen, No. 06-17-00055-CV (Tex. App.–Texarakana 2017) […]

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Probate Administration Probate Law Blog

Information to Locate for Probate


When someone dies, their heirs and other interested parties have to piece together the information needed to probate the estate.  There are a number of documents and information to locate, including information about: