Application for Probate More Than 4 Years After Testator’s Death A will may not be submitted to probate after the fourth anniversary of a testator’s (person who made the will) death unless it is shown that the person applying for probate was not in default in failing to bring it to probate sooner. Here default...KEEP READING

Introduction So, your property was condemned by the city’s eminent domain power. Now what? If this happened to you in Texas, you might be wondering if the land that is being taken is considered as one tract or not. Luckily, there’s an answer to this question. It turns out, if your land is divided into...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

Probating an Estate with or without a Will After a person dies, their estate must be managed according to the laws of the state in which they resided. This process is called estate administration, and it can be complex and overwhelming, especially if you are already grieving the loss of a loved one. This article...KEEP READING

Law terms Texas Probate Code Ann., Rule 31 [now Texas Estates Code]: Any person interested may, by a bill of review filed in the court in which the probate proceedings were had, have any decision, order, or judgment rendered by the court, or by the judge thereof, revised and corrected on showing error therein; but...KEEP READING

A structured settlement is a type of annuity that is typically used to resolve personal injury claims. In Texas, if you have reached a settlement in your personal injury case, you may be able to transfer your structured settlement payments to another party. This process is known as a “request for transfer.” What is a...KEEP READING

In Texas, it is not possible to make an affidavit based on belief alone. You must have knowledge of a fact in order for the affidavit to be valid under Texas law. To understand this better, let’s look at the 1996 case, Williams v. Bagley. Legal Terminology Texas Rules of Civil Procedure, Rule 682: No...KEEP READING

Will Disputes What would happen if a will could go through probate twice? This is generally prohibited. Wills are typically only probated once. If an agreement was made to accept the terms of a will and release all claims against the estate, the acceptee usually cannot relitigate the estate. Womble v. Akins gives us more...KEEP READING

Introduction: Should You Have a Texas Will? If you die without a will in Texas, your assets will go to your closest relatives according to state law. This may not be what you want. A will lets you decide who gets your assets when you die. A will is a legal document that says how...KEEP READING

Introduction: When Can Probate Be Disputed in Texas? Probate is the legal process of transferring a person’s property and assets after they die. If you are named in a will as an executor, it is your responsibility to see that the probate process goes smoothly. However, there are certain situations in which probate can be...KEEP READING