A plane crash in Texas kills two people. One victim’s widow seeks to file a wrongful death claim against the other victim’s estate. The statute of limitations is about to expire. However, no probate administration has been started in Texas to provide someone who can accept service of process. The decedent was a California resident,...KEEP READING

An administrator fails to distribute estate funds as ordered by the probate court. The beneficiary obtains a judgment for statutory penalties against the administrator under Section 360.301 of the Texas Estates Code. The beneficiary then sues the administrator’s surety company to collect on the bond. The surety moves for summary judgment, arguing the statute does...KEEP READING

An individual works for over twenty years. Before he marries, he designates his sister as the beneficiary of his retirement plan death benefits. Years later, he marries but never changes the beneficiary designation. When he dies, his widow claims she is entitled to a portion of the retirement benefits as community property. His sister argues...KEEP READING

A woman dies leaving a will that creates two trusts. She gives her husband a testamentary power to appoint the property in his trust to his estate upon his death. If he fails to exercise the power, the property passes to their daughter’s trust. Years later, the husband dies. His will contains a general statement...KEEP READING