As the world around us increasingly returns to “normal”, many people assume that we have put the COVID-19 pandemic behind us. Unfortunately, that is not necessarily the case. With the new Delta variant, it is important to remember that this virus must be taken seriously. Although vaccine availability is higher than ever, Bexar County is…Continue...KEEP READING

What if a loved one executes a will based on a faulty assumption? What if you can prove the error? For example, what if a loved one fails to include a family member in their will because they mistakenly believe that family member is already provided for outside of the will? Can the omitted family...KEEP READING

What do you do if you lost the original copy of a Will or you cannot find the original?  What if you can find a copy of the Will?  Can you probate a copy of the Will?  If you can probate a copy of the Will, how do you go about probating a copy of…Continue...KEEP READING

It is generally common knowledge that, in America, citizens have the right to represent themselves in court. So if you are an executor for a will, it makes sense to think that you might not need to hire an attorney. However, this is not necessarily true. When probating a will, the estate and the executor…Continue...KEEP READING

Muniment of title is an alternative to the probate process in Texas. It is cost-efficient.  It is fast–relatively speaking. A Will is required. Instead of appointing you as the executor, the probate court enters an order distributing property according to the Will. And walla! But what if the story does not end there? What if…Continue...KEEP READING

The beneficiaries and heirs of a probate estate are not stuck with the distributions set out in the decedent’s will or by Texas intestacy laws. The beneficiaries and heirs can agree among themselves to some other distribution scheme. This usually involves negotiating and recording the agreement in a family settlement agreement. A carefully drafted settlement…Continue...KEEP READING

Our Texas probate laws provide for independent administrations. The term “independent administration” means a probate that has very little court supervision or involvement. The “independent executor” is left to themselves to know and follow the law. This is why many executors prefer to serve as dependent administrators. They prefer having the court make the difficult…Continue...KEEP READING

Our legal system is based on the idea that each party to a lawsuit should be notified of the suit. This ensures that they can protect their interests or defend themselves against the suit. With probate cases, this involves personally serving citation. This notice process is mentioned in several sections of the Texas Estates Code.…Continue...KEEP READING

Many courts shifted to online zoom hearings when the COVID virus situation started. This includes probate courts in Texas. This makes sense. Many probate hearings require witnesses. The witnesses are usually friends and acquaintances of the deceased. As with the deceased, generally, they are usually older. They may be more susceptible to have a strong…Continue...KEEP READING

There are times when you want to have a local judge or court decide a case. This can help if the court is familiar with the local circumstances or the parties. It can also help if there is a similar fact pattern that one knows the judge or court has considered previously or if the…Continue...KEEP READING