In order to understand if evidence of past misconduct can be used as evidence of undue influence, it is first important to understand what undue influence is. Undue influence is defined as “excessive pressure on a person that causes that person to act or refrain from acting in a way that is not free from...KEEP READING

There is a common misconception that a typed will is not valid in Texas. This is simply not true. A typed will is just as valid as a handwritten one, as long as it meets the requirements set forth by the state. So, what are these requirements? First, the will must be in writing. It...KEEP READING

The state of Texas allows one to have a probate issue settled before going to trial on the merits. However, in the case that you cannot settle it amicably with the other party, then you can go ahead and take it to trial. In this article, we will go over what constitutes as an appeal...KEEP READING

Introduction If you’ve ever found yourself in a situation where you’re aware a party to a probate litigation but not sure how to properly handle it, read on for some important information. Legal Terminology Worker’s Compensation Act, Non-Subscriber: Employers who do not provide workers’ compensation insurance coverage. Texas does not require such coverage, but employers...KEEP READING

If a judge has a personal interest in the outcome of a case, it’s possible that a litigant may be deprived of due process of law guaranteed by the United States Constitution. But what is the test to see if the judge’s personal interest actually deprives due process? Ex Parte Ross gives us an answer....KEEP READING

If you are involved in a probate matter in Texas, it is important to be aware of the restricted appeal process. This process can limit your ability to challenge certain decisions made by the court, so it is important to understand how it works before you find yourself in that situation. This case helps shed...KEEP READING

Introduction This article is for people who want to know more about settling an estate in probate. Is settling an estate in probate difficult? When a person dies, the deceased’s assets are handed off to whomever is listed in the will. If there is no will, however, then the estate becomes part of probate court....KEEP READING

A jury is a sworn body of citizens convened to render an impartial verdict (i.e. decision) based on the evidence presented before it. A jury has both the power to acquit (not guilty) on a charge, and also to convict (guilty). In civil cases, the equivalent is to find the defendant liable or not liable....KEEP READING

In the absence of a will, a person’s property is distributed according to rules defined by the state of Texas. This process is known as “probate” or “administration” of the estate. But what happens if you have a will and it contains a mistake? Can your probate attorney or the the probate court fix it...KEEP READING

If a person dies without a will, the process of settling their estate is handled through the probate court in the state where they resided. The probate court oversees the distribution of the deceased person’s assets and payment of debts. Probate is a court-supervised process for transferring property (money, real estate, stocks, etc.) of a...KEEP READING