Testamentary capacity is the legal term that refers to someone’s mental ability to make a will. Testamentary capacity can be diminished or lost if a person has certain delusions, but a delusion in and of itself might not establish a lack of testamentary capacity. This case answers the question: When does a court find that...KEEP READING

Legal Terminology Estates Code on Probate Suit Transfer: Texas law authorizes a statutory probate court to transfer to itself from a district court a cause of action “appertaining to or incident to an estate pending in the statutory probate court.” Mandamus relief: Available only when a trial court clearly abuses its discretion and when there...KEEP READING

A court must have jurisdiction to enter a valid, enforceable judgment on a claim. If there is a situation where jurisdiction is lacking, litigants, through various procedures, may retroactively challenge the validity of a judgment to potentially have it rendered void. Subject matter jurisdiction is one type of jurisdiction a court must have. It is...KEEP READING

Legal Terminology Pleas of Privilege Raises an objection to the venue of an action. Article 1995, Revised Civil Statutes (Code): Subdivision 4: States that there must be a resident defendant for a bona fide cause of action, and a non-resident defendant must either be a necessary or a proper party. Subdivision 29a: States that the...KEEP READING

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....KEEP READING

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...KEEP READING

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 Presumption of Continuity When no circumstances exist that suggest a will lacks validity or has been revoked, the burden shifts from a...KEEP READING

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...KEEP READING

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