Can a Probate Court Change a Will that Includes a Mistake?

What if a loved one executes a will based on a faulty assumption? What if you can prove the error? For example, what if a loved one fails to include a family member in their will because they mistakenly believe that family member is already provided for outside of the will? Can the omitted family…Continue readingCan a Probate Court Change a Will that Includes a Mistake?

Is An Attorney Needed to Probate a Will?

It is generally common knowledge that, in America, citizens have the right to represent themselves in court. So if you are an executor for a will, it makes sense to think that you might not need to hire an attorney. However, this is not necessarily true. When probating a will, the estate and the executor…Continue readingIs An Attorney Needed to Probate a Will?

Probate Court Cannot Order Executor to Act

Our Texas probate laws provide for independent administrations. The term “independent administration” means a probate that has very little court supervision or involvement. The “independent executor” is left to themselves to know and follow the law. This is why many executors prefer to serve as dependent administrators. They prefer having the court make the difficult…Continue readingProbate Court Cannot Order Executor to Act

About Selecting the Probate Court

There are times when you want to have a local judge or court decide a case. This can help if the court is familiar with the local circumstances or the parties. It can also help if there is a similar fact pattern that one knows the judge or court has considered previously or if the…Continue readingAbout Selecting the Probate Court