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Funeral Costs & Last Expenses Paying for the Last Expenses Planning the funeral of a loved one can be very stressful. When a person dies, there will be a question as to how and when their funeral and last expenses are to be paid. Even if there is a will, unless the decedent is survived...
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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....
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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:...
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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...
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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...
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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...
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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...
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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...
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What does Texas law say about a creditor trying to collect a debt from someone who died? You may be surprised to learn that some debts can be erased as part of the probate process, somewhat like discharging debts in bankruptcy. The case of Ullrich v. Est. of Anderson, 740 S.W.2d 481 (Tex. App.‒Houston [1st…Continue...
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How much time do you have before the statute of limitations bars a Will from being probated? If it has been more than four years since the decedent passed, can I recover my interest from their estate? Who can probate a Will after the fourth anniversary of the testator’s death? The case of Ferreira v.…Continue...
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