Terminology Service of Citation: legal notice of the filing of the case to the opposing party. Restricted Appeal: an appeal of specific aspects of a judgment rather than the judgment in its entirety. Rule 21 & Rule 21(a), Texas Rules of Civil Procedure: states that any amended pleading must be served on an answering party....KEEP READING
The term “final judgment” is often used in probate cases, but does it mean the same thing as a final judgment in other cases? In other words, when is the decision able to be appealed? In this article, we’ll take a look at when a judgment is considered final in a probate case and what...KEEP READING
Probate is the process of administering a deceased person’s property and assets in accordance with their estate plan. At times, this can lead to disputes over the ownership and distribution of their assets. The court may be called upon to adjudicate these disputes and determine the rightful owner of property in an estate. In doing...KEEP READING
Texas law makes it clear that identifying probate property is a duty. It has to be done and the personal representative has to do it. But there are no set rules for how to identify property that the decedent owned or had an interest in. At a minimum, one must review the financial records that...KEEP READING
Introduction When a promissory note is lost or destroyed, it could be an immediate disaster for the person to whom the note is owed. That person can file a suit in order to recover on the claim and, if he or she is successful, recover from the owner of the promissory note. Probate Case Geiselman...KEEP READING
If a person becomes unable to take care of their financials, as the elderly population does, people may need to step in. That is where adult children come into play. An adult child may decide to help but abuse the disability. Don’t be afraid to call lawyers if you feel like your parent is being...KEEP READING
Introduction After a loved one passes away, their last will and testament becomes a legal document that must be followed in order for their final wishes to be granted. However, there are certain circumstances in which a will can be modified or reformed. In this article, we’ll take a look at when a will can...KEEP READING
If you have a claim against the estate of a deceased person—for example, for unpaid wages or breach of contract or other claim against the estate—you may be wondering what to do. The process for making a claim against an estate depends on whether the estate is being administered through probate or not. The case...KEEP READING
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...KEEP READING
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...KEEP READING
