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

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

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 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 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