In Texas, a muniment of title is a judicial document that proves an individual’s ownership of real property. This document is typically used when the owner does not have a deed or other physical evidence of ownership. The muniment of title must be filed in the county where the property is located and must include...KEEP READING

The answer to this question depends on the jurisdiction in which the case is being tried. Some jurisdictions allow for the admission of such documents, while others do not. In general, however, the answer is yes, documents connected to prior claims are admissible in court if they have a sufficient connection to the matter at...KEEP READING

Testamentary capacity refers to a person’s ability to create a valid will. This ability deals both with being of legal age to create a will (18) and the mental capacity of the person making the will. Undue Influence occurs when a person acts under the influence of another rather than of their own free will...KEEP READING

A McLennan County judge will not dismiss the 2003 handwritten will of Texas music legend Billy Joe Shaver, which purportedly leaves his estate to his nephew. The nephew of another country music legend, Willie Nelson, originally made the request to throw out the will. Tommy Witherspoon of KWTX reports the following: The ruling by County...KEEP READING

Funeral Costs & Last Expenses Paying for the Last Expenses Planning the funeral of a loved one can be very stressful. When a person dies, there will be a question as to how and when their funeral and last expenses are to be paid. Even if there is a will, unless the decedent is survived...KEEP READING

After a loved one dies, their property must go through probate court in order to be transferred to the rightful heirs. If you are named as the executor in the will, you will be responsible for ensuring that the process goes smoothly. Here’s what you need to know about transferring a case to probate court....KEEP READING

An executor is a person who has the legal right to manage an estate during and after the probate process. An executor is also referred to as an administrator, personal representative or estate trustee. But is an executor a “party of interest” to other proceedings, especially non probate proceedings? Legal Terminology Doctrine of Res Judicata:...KEEP READING

What Is a Probate Court Appointed Receiver? A probate court receiver is an impartial third party who oversees a deceased person’s estate. If you’re the executor of an estate, you may have to ask the court to appoint a probate court receiver to handle the estate. But can you contest a receiver appointed by the...KEEP READING

Introduction If a party files a motion to probate a will or administer an estate, their dispute is outside the realm of federal jurisdiction. Typically this occurs when an executor or administrator files in the United States. The Ninth Circuit applies the Second Circuit’s two-part inquiry to determine whether a controversy implicates probate matters such...KEEP READING

A jury at the Tarrant County Probate Court 2 returned a verdict of $8.3 million in favor of a medical malpractice lawsuit earlier this month. Texas Harris Health Methodist Hospital Southwest Fort Worth will have to pay at least a part of that amount to the family of Angela Davis, a former parole office who...KEEP READING