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Death is a difficult thing. It can feel sudden and overwhelming, no matter the circumstances. During this time of grief, it’s understandable that you may not be thinking about the practical considerations involved in dealing with the death of a loved one. But these are important arrangements to make in order to take care of...
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One of the key principles of wills and trusts law is that a will should be given effect as written, unless it is shown that the will was procured by fraud, duress, or undue influence. This principle, known as the “rule against perpetuities,” is based on the idea that a person’s wishes should be respected...
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Courts make decisions based on the existing legal framework and precedents. These decisions create frameworks for future decisions made by the same court. A court first impression is a decision that is, at least in part, new or not bound by prior precedent, so it sets a new precedent. What is a Case of First...
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In Texas, the probate process can be complicated and time-consuming. If you’re considering hiring a probate attorney, there are a few things you should keep in mind. In this blog post, we will explore what you need to know about hiring a Texas probate attorney. We will discuss the different types of probate, the benefits...
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If you’re reading this, then you’re probably wondering what would happen if there is contradictory language in a Texas will. The answer isn’t as simple as you might think. In fact, it depends on a number of factors, including the type of contradictions and the specific wording of the will. That being said, there are...
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Probate is the legal process of distributing a person’s assets after they die. In Texas, if a person dies without a will, their assets will go through probate court. The court will appoint an executor to oversee the estate and distribute the assets to the heirs according to state law. One of the questions that...
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Introduction The process of probate can be a long and complicated one, especially if the estate in question is large. But what if the estate is small? In Texas, there is a process known as a small estate affidavit that can be used in these cases. In this blog post, we will walk you through...
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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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Law terms Texas Probate Code Ann., Rule 31 [now Texas Estates Code]: Any person interested may, by a bill of review filed in the court in which the probate proceedings were had, have any decision, order, or judgment rendered by the court, or by the judge thereof, revised and corrected on showing error therein; but...
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