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

To be legally valid, a will must be signed by the testator, or maker of the will, in front of two witnesses. A will must also be signed by the testator with “a standard of sound mind”, which means that at the time the will was created, the testator was of sound mind and knew...KEEP READING

A probate court is a court having jurisdiction over probate matters and the administration of decedents’ estates. But when does the probate court not hear probate issues? Bell v. Hinkle, 562 S.W.2d 35 (Tex. Civ. App. – Houston [14th Dist.] 1978, no writ) Terminology Intestate: someone who failed to make a will prior to their...KEEP READING

A lot of planning goes into preparing a Last Will and Testament.  The testator agonizes over who is going to take what asset and when.  The testator thinks through who should serve as the executor and what powers they should have.  Then the estate planning attorney carefully crafts the legal document.  And great care is…Continue...KEEP READING

It is common for a parent to create a joint bank account with the intent that someone accesses the account to pay for their funeral or last expenses. Who owns this account once the parent dies? What about other bank accounts that are held jointly? Does the joint owner, surviving spouse or someone else inherit…Continue...KEEP READING

Yahoo! Finance ran an article entitled “How Long Does Probate Take.” The article sets out several circumstances that can slow down the probate process. The article is not Texas-specific, so many of the circumstances do not really apply for probates in Texas or are more nuanced than mentioned in the article. The article provides an…Continue...KEEP READING