Probate Settlements Are Binding Under Texas Law

Settlement agreements entered into during the probate process are generally binding. But what happens when one party enters into an agreement and later changes their mind? Can they get out of the settlement agreement? The court recently addressed this in Estate of Riefler, No. 07-16-00375-CV (Tex. App.–Amarillo 2017). Facts and Procedural History The facts and…Continue […]

Court Says Widow’s Allowance Paid out of Community Property Estate

The probate process can present a number of challenges for surviving spouses. These challenges can include figuring out how to pay personal expenses when the primary liquid assets are tied up in probate. Texas law allows for a widow’s allowance to cover these expenses. The court in Estate of Nielsen, No. 06-17-00055-CV (Tex. App.–Texarakana 2017)…Continue […]

Information to Locate for Probate

When someone dies, their heirs and other interested parties have to piece together the information needed to probate the estate.  There are a number of documents and information to locate, including information about: The original documents, including wills and trusts, birth certificate and Social Security card (for the decedent and children), marriage licenses and divorce decrees,…Continue […]