Texas probate courts possess wide-ranging authority to order relief on matters not directly pled in the original probate pleadings. This exceptional power provides the probate courts with considerable flexibility to fully and equitably resolve probate disputes. The Sivley v. Sivley, 972 S.W.2d 850, 855 (Tex. App. — Tyler 1998, orig. proceeding) case helps to understand...KEEP READING

In some cases, a testator’s negative feelings toward a beneficiary can indicate fraud or undue influence in the creation of a will. Texas probate courts allow a testator’s sentiments to serve as evidence if relevant facts corroborate deceitful intent. This article explores how emotions can demonstrate improper actions and provides an example case. Facts &...KEEP READING

The probate process in Texas involves specific legal procedures for executing a will and settling an estate after someone dies. These actions are carried out under the jurisdiction of specialized county probate courts in Texas. Introduction to Texas Probate Law Texas has specific laws governing probate, which is the court-supervised process for administering a deceased...KEEP READING

Adds veteran probate attorney, Hallie O’Connor, to its Dallas office FOR IMMEDIATE RELEASE: Dallas, October 10, 2022: Kreig LLC, a Texas-based probate law firm, announced today that Attorney Hallie O’Connor has joined the firm’s Dallas probate practice. “We are thrilled to have Hallie join our team,” said CEO Jack Manhire. “She is a highly respected...KEEP READING

In the state of Texas, contesting a will often hinges on a pivotal and contentious issue: the testamentary capacity of the individual responsible for creating the will. To mount a successful challenge to a will based on capacity, it is essential to comprehend the legal prerequisites and compile compelling evidence, as this situation underscores. However,...KEEP READING

The process of probating a will in Texas is subject to specific time constraints, which require careful attention and timely action. A four-year window is provided from the time of a testator’s passing for the probate of a will. Beyond this timeframe, the right to utilize the will for property distribution is typically forfeited, with...KEEP READING

Probate is the legal process by which a decedent’s estate is distributed to their heirs. Unfortunately, the process is lengthy and can be expensive. However, there are alternatives to it, such as the small estate affidavit. When a Texas resident dies with minimal assets, their estate may qualify to bypass formal probate through the use of this...KEEP READING

Introduction Probate is a process by which an administrator (the executor) of an estate (the decedent’s property) distribute the estate’s assets to the decedent’s beneficiaries. In Texas, probate is handled by the Texas State Probate Office. There are at least five types of probate (more if you count the various permutations such as testate dependent,...KEEP READING

When a probate court grants a bill of review to set aside earlier orders, parties often assume they can immediately appeal that decision. After all, if the court has just vacated significant orders like determinations of heirship, shouldn’t that decision be reviewable right away? The case of St. John v. Hearne (Tex. App.—Houston [14th Dist.]...KEEP READING

Who will serve as personal representative after you’ve passed on? Many people think about this while planning their estate, but it’s important to know who is eligible to serve and who will serve by default if you don’t name a personal representative properly. Selecting The Personal Representative (Executor vs Administrator) Specialized knowledge, training or experience...KEEP READING