In Texas, administration of community property can be a legitimate alternative to probate. The determination of whether property is community property or separate property can be a complex matter and is often a source of controversy during the administration of an estate. In some cases the community property laws can be used to probate the...KEEP READING
In Texas, if a debtor dies before the judgment is satisfied, the judgment may be enforced against the estate in probate court. If you are a judgment creditor and the debtor dies, you must take action within a certain time frame to have the judgment enforced by the probate court. But must the judgment be...KEEP READING
Introduction Probate is the legal process of distributing a deceased person’s assets to their heirs. If you live in San Antonio, Texas and are named in someone’s will as an executor, or if you are an heir to an estate, you may have to go through probate. The process can be complicated, but this article...KEEP READING
Introduction When you die, your will is probated. Probate is the process of validating and formalizing a will. This article will teach you about which county you must probate a will in Texas if the decedent was deemed insane. Legal Terminology Administrator with will annexed: This means the original executor named in the will was...KEEP READING
Family members often transfer property informally through handwritten deeds or documents that skip formal requirements. These informal transfers may seem adequate within the family but can create serious problems when the property is later sold to outsiders. The informal deed may lack proper acknowledgment, witnesses, or notarization. What happens when an unacknowledged gift deed conflicts...KEEP READING
When families contest the probate of wills, they sometimes challenge fundamental procedural requirements in hopes of preventing will admission entirely. These challenges may focus on whether the court has proper jurisdiction and venue to probate the will, or whether the proponent has satisfied the burden of proving that the will was not revoked before the...KEEP READING
Estate administrators regularly encounter financial complications when settling a decedent’s final affairs. The decedent may have issued checks shortly before death that later create problems for the estate. These situations become particularly complex when the decedent purchased official bank checks as part of business transactions or major purchases. Imagine discovering that your decedent purchased a...KEEP READING
When workplace accidents result in employee deaths, surviving spouses face difficult decisions about where to file wrongful death lawsuits. The deceased employee’s estate may be pending in probate court near the family home, while proper venue for the wrongful death claim may lie in the county where the accident occurred or where the employer’s principal...KEEP READING
When independent executors complete their duties and distribute estate assets to beneficiaries, they often seek judicial discharge to obtain protection from future liability claims. This discharge process provides a clean break from fiduciary responsibilities and shields executors from claims related to their administration of the estate. However, complications can arise when family members later decide...KEEP READING
When an independent executor needs to resign from estate administration, the process can become unexpectedly complicated if family members disagree about who should serve as the replacement. The named executor might assume that the primary beneficiary under the will has the authority to seek appointment as successor. However, surviving spouses who received no specific bequests...KEEP READING
