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Probate Litigation
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Legal Terminology In Limine hearing: A procedure that allows parties to exclude evidence from a jury Uninterested persons: Anyone who has a property right or claim against the estate being administered Probate Law Case Sheffield v. Scott, 620 S.W.2d 691, 693 (Tex. App. — Houston [14th Dist.] 1981, writ ref’d n.r.e.) Facts and Procedural History...
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An inference is an educated guess. When you draw an inference or conclusion based on the evidence, there’s a reason you come to that conclusion and that reason likely comes from the evidence presented within the text. Inferences may be made based on evidence, but an inference itself is not evidence. Can a lawyer in...
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When Is a Texas Last Will and Testament Invalid? After someone dies, their will is often one of the first things that needs to be dealt with. But what happens when a will is invalid? In Texas, there are a few different circumstances that can render a will null and void. Learn more about what...
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Negligence and Fiduciary Duty A fiduciary is a person who holds a legal or ethical relationship of trust with another party. If a person is a fiduciary, they have what is called a fiduciary duty to that party. A fiduciary duty can exist in several special relationships or circumstances and the type of duty that...
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Legal Terminology Pleas of Privilege Raises an objection to the venue of an action. Article 1995, Revised Civil Statutes (Code): Subdivision 4: States that there must be a resident defendant for a bona fide cause of action, and a non-resident defendant must either be a necessary or a proper party. Subdivision 29a: States that the...
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Legal Terminology Impleaded: To bring in a third party to a lawsuit who might be liable to either the plaintiff or the defendant. Probate Case Klein v. Dimock, 705 S.W.2d 405 (Tex. App. – Fort Worth 1986, writ ref’d n.r.e.) Facts & Procedural History L.A. Klein (Testator) and his wife, Mary Louise, executed a joint...
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What If I Don’t Believe That A Will Is Valid?: How to Contest or Dispute a Will If you don’t believe that a will is valid, there are a few things you can do. You can file a petition with the court to have the will probated, or you can file an objection to the...
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What happens when a person’s original will cannot be found and therefore proved in court? What constitutes non-production of a will? When will a trust be terminated? All of these questions are answered in the case In re Estate of Catlin. Probate Case In re Estate of Catlin, 311 S.W.3d 697 (Tex. App. 2010). Facts...
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If you’re not happy with the executor appointed to oversee your estate, you may be able to object to the appointment. Here’s what you need to know. Legal Terminology Letters Testamentary Court-issued documents that are used to enforce the terms created by a deceased person within their will Letters of Temporary Administration Temporary Letters of...
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The credibility of a witness’ testimony is often a deciding factor in a court case. A recent study has found that the majority of young people who have been involved in the juvenile justice system do not believe that their testimony is credible. This is sometimes applicable in probate administration cases, and in probate litigation....
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