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, […]
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 […]
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 […]
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 […]
A family member dies leaving a will but minimal debts. The heirs need to transfer title to real property and other assets but want to avoid the time and expense of a full probate administration. The estate has no creditor claims that require payment and no need for court supervision. The heirs wonder whether they […]
The probate process in Texas can be extremely daunting and confusing if you are unfamiliar with it. With all the legal paperwork and court proceedings, it’s easy to get lost in the shuffle. In this article, we hope to answer some of the most common questions about the Texas probate process to give those who […]
One of the most pressing concerns when a loved one dies is figuring out what to do with the body or remains and making the necessary arrangements for the body or remains. Human remains can be donated, buried, cremated, or entombed. It is necessary to determine whether the decedent is an organ or tissue donor, […]
If a loved one passed away more than four years ago, is it still possible to receive an inheritance after the statute of limitations has expired? In short, the answer is no. It is a strict guideline in the state of Texas, and it also applies to non-biological children who may have been adopted. The […]
In Texas, probate is the legal process that is used to settle the estate of a deceased person. This includes distributing their assets and paying any debts or taxes that may be owed. The process can be complex, but understanding what is subject to probate in Texas can help simplify things. Generally, any property that […]
When the validity of a will is challenged in court, Texas law allows scrutiny of issues like undue influence and mental capacity of the testator. However, sometimes an executor may be a history of past misconduct. In these scenarios, can that prior history be used to prove undue influence during probate? The Smith v. Smith, No. 389 […]