Ademption and voluntary partition are two important concepts in Texas Probate Law that are often confused. Understanding the differences between the two concepts is crucial for those who are administering an estate or creating an estate plan. Ademption in Texas Probate Law Ademption refers to the situation where a specific gift in a will or...KEEP READING
Probate law can be complex and confusing, especially when it comes to issues of inheritance and validity of wills. This case study focuses on a specific situation in Texas probate law, where an individual believes that a will filed after his grandfather’s death is invalid and that the grandfather’s real siblings should be entitled to...KEEP READING
When a loved one passes away, the process of settling their estate can be a difficult and emotional time. Unfortunately, it can also be a time when family members may disagree over the distribution of assets. In this article, we will take a look at a real-life case study involving probate law in Texas, and...KEEP READING
When a person passes away, their assets and debts must be settled through the probate process. This process can be complicated, especially when it comes to the payment of creditors. In Texas, there are specific rules and procedures that must be followed when dealing with creditor’s claims in probate court. In this article, we will...KEEP READING
Questions of undue influence can be difficult to prove in Texas, particularly when it comes to a deceased’s estate. But did you know that evidence of past misconduct toward the decedent may be able to help establish undue influence? In this blog post, we will discuss the complexities of proving undue influence in Texas and...KEEP READING
After the death of a loved one, the last thing you want to deal with is legal paperwork and court battles. But if you feel like you have been wrongfully left out of a will, or if you think the will is not valid, you may have no choice but to contest it. The process...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
If you have been named as an executor or administrator of someone’s estate in the state of Texas, you need to know what duties and responsibilities come with the job. This article will go over your legal requirements, highlighting what you need to do before beginning. Probate Case Law Olguin v. Jungman, 931 S.W.2d 607...KEEP READING
Will Disputes What would happen if a will could go through probate twice? This is generally prohibited. Wills are typically only probated once. If an agreement was made to accept the terms of a will and release all claims against the estate, the acceptee usually cannot relitigate the estate. Womble v. Akins gives us more...KEEP READING
Legal Terminology Self-proved will laws A will that can be validated without the use of a probate court. Such a will usually requires the presence of witnesses who attest to the will’s validity. Presumption of Continuity When no circumstances exist that suggest a will lacks validity or has been revoked, the burden shifts from a...KEEP READING
