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Default for failing to file? Default at Law A default is the failure to do something required by law or the failure to comply with a contractual obligation. When it comes to filing a will for probate, there is a timeline that the filer must comply with in order to avoid being found in default....
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Invalid Wills The Texas Estates Code defines a will as a testamentary instrument that either (1) appoints an executor or guardian, (2) directs how property may not be disposed of, or (3) revokes another will. Note that the document does not have to meet all three requirements to be a valid will. State law provides...
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Legal Terminology Self-proved will laws A will that can be validated without the use of a probate court. Such a will usually requires the presence of witnesses who attest to the will’s validity. Presumption of Continuity When no circumstances exist that suggest a will lacks validity or has been revoked, the burden shifts from a...
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After a loved one dies, it can be difficult to know what to do next. One of the things you may need to do is close their probate in Texas. This can seem like a daunting task, but luckily this article will walk you through everything you need to know! Are you the Executor or...
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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...
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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...
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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...
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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...
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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....
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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...
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