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 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

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...KEEP READING

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...KEEP READING

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...KEEP READING