Introduction After a loved one passes away, you may be wondering what needs to be done in order to settle their estate. If they left behind a will, the process of probating it in El Paso, Texas is relatively simple. In this article, we’ll walk you through the steps you’ll need to take in order...KEEP READING
Introduction So, your property was condemned by the city’s eminent domain power. Now what? If this happened to you in Texas, you might be wondering if the land that is being taken is considered as one tract or not. Luckily, there’s an answer to this question. It turns out, if your land is divided into...KEEP READING
In Texas, it is not possible to make an affidavit based on belief alone. You must have knowledge of a fact in order for the affidavit to be valid under Texas law. To understand this better, let’s look at the 1996 case, Williams v. Bagley. Legal Terminology Texas Rules of Civil Procedure, Rule 682: No...KEEP READING
Probate Law without a Will The process for probating an estate when there is no will is similar to probating a will. There are several notable differences, including the heirship proceeding and the attorney ad litem. To start the probate court process, the applicant will file the following documents: Application to be appointed,Application for heirship...KEEP READING
Huitron v. Kaye, 2022 UT 36 (Utah 2022) The Utah Supreme Court reversed the lower court, which had denied the defendant’s motion for partial summary judgment. The Supreme Court ruled that since the plaintiff did not file his personal injury lawsuit in time, he was limited to pursuing what money was held by the estate....KEEP READING
Duties and responsibilities to will beneficiaries under Texas estate law You may be honored to take on the responsibility of being the executor of your loved one’s will, or you may not want to deal with it. However, you do have a choice – despite how you feel, you are able to say no and...KEEP READING
Testamentary capacity is the legal term that refers to someone’s mental ability to make a will. Testamentary capacity can be diminished or lost if a person has certain delusions, but a delusion in and of itself might not establish a lack of testamentary capacity. This case answers the question: When does a court find that...KEEP READING
Invalid Wills The Texas Estates Code defines a will as a testamentary instrument that either (1) appoints an executor or guardian, (2) directs how property may not be disposed of, or (3) revokes another will. Note that the document does not have to meet all three requirements to be a valid will. State law provides...KEEP READING
Before you even consider the probate of an estate, there are several preliminary matters that have to be attended to immediately after a loved on dies. These are the pressing matters that have to be attended to or considered immediately after death. Determination of Death The first step after someone dies involves contacting the authorities...KEEP READING
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
