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...KEEP READING

Legal Terminology Impleaded: To bring in a third party to a lawsuit who might be liable to either the plaintiff or the defendant. Probate Case Klein v. Dimock, 705 S.W.2d 405 (Tex. App. – Fort Worth 1986, writ ref’d n.r.e.) Facts & Procedural History L.A. Klein (Testator) and his wife, Mary Louise, executed a joint...KEEP READING

Legal Terminology Ad Litem Means for the suit, a person appointed such a role is responsible for a ward’s affairs in a particular aspect of litigation. Texas Probate Code, Section 608 [Now Texas Estates Code] Allows a probate court to transfer a matter from a district, county, or statutory court to itself when the matter...KEEP READING

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...KEEP READING

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....KEEP READING

When you die, your property will generally go through probate court in order to be transferred to your heirs. However, there are some ways to keep your property out of probate court. If you want to keep your house out of probate court when you die, here are a few things you can do. Overview...KEEP READING

Terminology Intestate Heirs: Individuals who are legally entitled to inherit from the estate of someone who does not leave a valid will. Probate Case Estate of Glover, 744 S.W.2d 939 (Tex. 1988) Circumstances & Procedural History: Proving a New or Old Will This case pertained to a will contest between a will beneficiary and several...KEEP READING

Legal Terminology Muniment of Title/Deed: Means there is no need for administration of the estate. This allows for a will to be probated quickly and cost-efficiently. Administration of an Estate: Allows for the management of the liabilities and assets of a deceased person. Probate Case In re Estate of Kurtz, 54 S.W.3d 353 (Tex. App....KEEP READING

Terminology Service of Citation: legal notice of the filing of the case to the opposing party. Restricted Appeal: an appeal of specific aspects of a judgment rather than the judgment in its entirety. Rule 21 & Rule 21(a), Texas Rules of Civil Procedure: states that any amended pleading must be served on an answering party....KEEP READING

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...KEEP READING