Can a court rule to overturn a jury decision? (JNOV) A non obstante veredicto (JNOV) means a judgment notwithstanding the verdict. It is a judgment made during litigation that goes against what the jury decides. It happens when a jury decides in favor of one party and the judge sets that verdict aside and decides […]
What If You Can’t Find the Will? The Texas probate process works best when the will is available for review. If a will can’t be found, for example, because it was destroyed in a fire or accident, or a dead person’s family can’t find it, the process is a lot more complicated. But can a […]
Even though a probate court is an official court of the State of Texas, it is still limited to hearing only certain matters. If it rules on matters outside of this scope, its ruling might be worthless. Make sure the probate court can hear the matter you’re arguing before it. Here’s a case that illustrates […]
If you’re considering an income trust, there are a few things you should know about community property. This case gives some information on what you need to know about this type of trust and how it can benefit you. Legal Case Cleaver v. George Staton Co., 908 S.W.2d 468 (Tex. App. 1995) Parties Cleaver: Appellant […]
Texas law provides that, in a partition action, the court has the power to sell the property on application of any one or more of the joint owners. The court may also grant money judgments against any or all of the joint owners. This is also true for inherited property. In fact, inherited property is […]
Is Probate always necessary? To collect a final paycheck there is a simple and inexpensive way to do it. Many of us have all been there before. A loved one has died and you are the one to handle their estate. Probate is a process that is necessary in many cases. The Texas Estates Code […]
Introduction A guardian is a person who has been appointed by the court to make decisions regarding the personal matters of an individual. A guardian may be appointed to take care of a minor or adult with disabilities or an elderly person. As a guardian you are legally responsible for managing your ward’s assets, including […]
Probate is the legal process by which a will, trust, or life insurance policy is administered and assets are distributed. The process is often complicated, especially when a person has assets located outside the U.S. where laws for probate administration may be different than those of Texas. If you are an heir of someone who […]
What Does It Mean to Probate a Will? Deciding where to file a probate case is one of the most important decisions a person making a will can make. The person making the petition for probate must decide whether to file a probate case in the county where the decedent lived or in the county […]
How do people die? This is a common question in probate administration. But in a probate litigation case, who can testify as to the ultimate cause of death? Legal Terminology Texas Rule of Civil Evidence, Rule 702: Requires that experts be qualified “by knowledge, skill, experience, training, or education,” and that their testimony “assist the […]