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
Estate beneficiaries sometimes sign releases in exchange for immediate payment rather than waiting for probate to conclude. These releases typically bar all future claims against the estate. Later, the beneficiary may discover reasons to challenge the release—perhaps claiming fraud or lack of consideration—and attempt to set it aside in a separate lawsuit. What happens when...KEEP READING
When persons attempt to probate wills years after the testator’s death and their applications are denied, they may find themselves in a peculiar legal position. Although named as executors in the rejected wills, they have no legal authority to act on behalf of the estates. Meanwhile, the decedent’s heirs may proceed to distribute estate assets...KEEP READING
When deceased persons were partners in businesses that become involved in litigation years after their death, family members may attempt to transfer those business disputes to probate courts for consolidation with other estate-related proceedings. This strategy can seem attractive when multiple lawsuits involve similar issues or when probate courts already have jurisdiction over related trust...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
When someone files an application to probate a will without clearly establishing their connection to the estate, opposing parties may challenge whether the applicant has standing to bring the probate proceeding. These standing challenges serve an important gatekeeping function by ensuring that only persons with legitimate interests in estate matters can initiate probate proceedings. However,...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 mortgage lenders assign their interests in notes and deeds of trust to other entities, borrowers sometimes argue that the assignment destroys the original lender’s legal standing to pursue foreclosure proceedings. This argument becomes particularly complex when assignments occur during pending appeals or while foreclosure actions are underway. Borrowers may contend that the original lender...KEEP READING
When elderly parents become seriously ill, adult children who have been distant for years sometimes suddenly appear at the hospital bedside. These long-absent children may express newfound concern about their parent’s estate planning and suggest that existing wills need immediate revision. The parent, weakened by illness and facing dangerous medical procedures, may feel compelled to...KEEP READING
When a parent dies, adult children sometimes discover multiple wills with conflicting provisions. The older will might favor one family member while a newer document distributes assets differently. Faced with potential family conflict and the emotional burden of legal proceedings, children may agree among themselves not to probate the later will to avoid upsetting other...KEEP READING
