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probate litigation
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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...
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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...
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11San Antonio Probate
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...
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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...
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11guardianship-contract-sign-legal
Overall, naming your attorney as a beneficiary of your will in Texas is possible, but there are some significant limitations that you should be aware of before you do so. What is a valid will? In Texas, a will is a legal document that outlines an individual’s wishes for how their property and belongings should...
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11san antonio probate no will
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...
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11probate court change of will
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...
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11san antonio probate no will
In the Boone v. McGalley case, challenges to an applicant’s standing in probate court require a separate hearing prior to continuing with further action. Probate trial courts, without the collective designation of standing, are not able to rule on challenges and must defer to a higher court. Probate Law Terminology In Limine: means that an...
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Can someone bring a lawsuit regarding personal injury, death, or property damage in a probate court? Let’s look at the case of Gonzalez v. Reliant Energy Co. to find out. Legal Terminology Anti-suit Injunction A remedy issued by a court in one jurisdiction that prohibits a litigant from initiating or continuing litigation in another jurisdiction....
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11San Antonio Probate of Wills
When a will is probated it is declared as valid and the executor is given permission by a court to distribute assets according to the provisions of the document. What happens when a will made later in time that revokes the previously probated will is sent to a court for probate? Estate of Morris explains...
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