Default for failing to file? Default at Law A default is the failure to do something required by law or the failure to comply with a contractual obligation. When it comes to filing a will for probate, there is a timeline that the filer must comply with in order to avoid being found in default....KEEP READING

Legal Terminology Ad Litem Means for the suit, a person appointed such a role is responsible for a ward’s affairs in a particular aspect of litigation. Texas Probate Code, Section 608 [Now Texas Estates Code] Allows a probate court to transfer a matter from a district, county, or statutory court to itself when the matter...KEEP READING

Legal Terminology Muniment of Title/Deed: Means there is no need for administration of the estate. This allows for a will to be probated quickly and cost-efficiently. Administration of an Estate: Allows for the management of the liabilities and assets of a deceased person. Probate Case In re Estate of Kurtz, 54 S.W.3d 353 (Tex. App....KEEP READING

In a person’s will, they may leave either personal or real property to an entity rather than to an individual. They could leave land to a city, business, organization, county, or the like. What happens when there is a suit against a county rather than an individual? What is the controlling law and how is...KEEP READING

When someone dies with a will in Texas, the court will follow the instructions in the will to distribute the deceased person’s assets. However, if there are any questions about the will or if anyone challenges it, the court may get involved to make sure that the assets are distributed according to Texas probate law....KEEP READING

Introduction The writ of mandamus is a judicial mandate issued by a higher court to force a lower court or government official to perform their duties. This is not an order issued by the Supreme Court, but rather can be issued by any other court that has jurisdiction over the lower court in question. Sometimes,...KEEP READING

You may be surprised to learn that if a will cannot be located, it may still be possible to probate the estate. To do so, you’ll need to follow the proper legal procedures and file the right paperwork with the court. This article will guide you through the process of probating a lost will. What...KEEP READING

In Texas, a muniment of title is a judicial document that proves an individual’s ownership of real property. This document is typically used when the owner does not have a deed or other physical evidence of ownership. The muniment of title must be filed in the county where the property is located and must include...KEEP READING

The answer to this question depends on the jurisdiction in which the case is being tried. Some jurisdictions allow for the admission of such documents, while others do not. In general, however, the answer is yes, documents connected to prior claims are admissible in court if they have a sufficient connection to the matter at...KEEP READING

Testamentary capacity refers to a person’s ability to create a valid will. This ability deals both with being of legal age to create a will (18) and the mental capacity of the person making the will. Undue Influence occurs when a person acts under the influence of another rather than of their own free will...KEEP READING