By

Jack Manhire
To file the probate application, one must first decide which court has jurisdiction and which court should handle the probate court. Once the court is selected, the next step is to submit the probate application. The Probate Application under Texas Estate Law After identifying the probate court that can hear the case, the next step...
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The small estate affidavit is one of the alternatives to a full probate administration in Texas. It can provide a streamlined and inexpensive method for probating an estate. When is the Small Estate Affidavit Used? As its name implies, it is used for smaller estates with few assets. It is typically used for estates consisting...
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Testamentary capacity is the legal term that refers to someone’s mental ability to make a will. Testamentary capacity can be diminished or lost if a person has certain delusions, but a delusion in and of itself might not establish a lack of testamentary capacity. This case answers the question: When does a court find that...
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A court must have jurisdiction to enter a valid, enforceable judgment on a claim. If there is a situation where jurisdiction is lacking, litigants, through various procedures, may retroactively challenge the validity of a judgment to potentially have it rendered void. Subject matter jurisdiction is one type of jurisdiction a court must have. It is...
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Kreig LLC is proud to have Erin Breaux recognized by Best Lawyers® in 2023 in America, and Kristina Munoz recognized in the third edition of the Best Lawyers: Ones to Watch in America™. Congratulations Erin and Kristina! Attorney Kristina Munoz Attorney Erin Breaux
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Invalid Wills The Texas Estates Code defines a will as a testamentary instrument that either (1) appoints an executor or guardian, (2) directs how property may not be disposed of, or (3) revokes another will. Note that the document does not have to meet all three requirements to be a valid will. State law provides...
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After a loved one dies, it can be difficult to know what to do next. One of the things you may need to do is close their probate in Texas. This can seem like a daunting task, but luckily this article will walk you through everything you need to know! Are you the Executor or...
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Legal Terminology Letter Testamentary Documents that the probate court provides to the executor of the deceased estate in order to enforce the terms of the deceased person’s will. Texas Law For counties that lack a statutory probate court, all probate matters will be heard by the county court. If the probate matter is contested, either...
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Before you even consider the probate of an estate, there are several preliminary matters that have to be attended to immediately after a loved on dies. These are the pressing matters that have to be attended to or considered immediately after death. Determination of Death The first step after someone dies involves contacting the authorities...
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If a judge has a personal interest in the outcome of a case, it’s possible that a litigant may be deprived of due process of law guaranteed by the United States Constitution. But what is the test to see if the judge’s personal interest actually deprives due process? Ex Parte Ross gives us an answer....
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