Will Disputes What would happen if a will could go through probate twice? This is generally prohibited. Wills are typically only probated once. If an agreement was made to accept the terms of a will and release all claims against the estate, the acceptee usually cannot relitigate the estate. Womble v. Akins gives us more […] The post Can a Will Go Through Texas Probate Twice? appeared first on Kreig… Continue reading Can a Will Go Through Texas Probate Twice?

Probate is the legal process of overseeing the distribution of a person’s estate after they die. It can be complicated and time-consuming, but fortunately there are people who can help make it happen – namely, probate attorneys. In this article, we’ll explore what probate attorneys do, who can initiate a probate in Texas, and some […] The post Who Can Initiate a Probate in Texas? appeared first on Kreig LLC.… Continue reading Who Can Initiate a Probate in Texas?

In a recent case, St. John v. Hearne, a Texas probate court granted a bill of review but did not dispose of contested issues. The Court of Appeals noted that granting a bill of review does not terminate the proceedings and is not equivalent to final judgment for purposes of appeal. Legal Terminology Interlocutory Appeal […] The post Does a Probate Court’s Order Have to Be Final to Be Appealable?… Continue reading Does a Probate Court’s Order Have to Be Final to Be Appealable?

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, […] The post 5 Kinds of Texas Probate appeared first on Kreig LLC.

When a family member passes away, it can be difficult to know what type of records they had in their possession. You usually need this information before you start planning a probate administration. If you don’t know where to begin, take a look at the list below for some guidance on what you should look […] The post 9 Records to Locate after the Death of a Loved One appeared… Continue reading 9 Records to Locate after the Death of a Loved One

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 […] The post Who Will Serve as Personal Representative of Your Estate? appeared first on… Continue reading Who Will Serve as Personal Representative of Your Estate?

Legal Terminology Estates Code on Probate Suit Transfer: Texas law authorizes a statutory probate court to transfer to itself from a district court a cause of action “appertaining to or incident to an estate pending in the statutory probate court.” Mandamus relief: Available only when a trial court clearly abuses its discretion and when there […] The post When Is a Texas Cause of Action “Appertaining or Incident to” an… Continue reading When Is a Texas Cause of Action “Appertaining or Incident to” an Estate?

Kreig LLC is proud to have Erin Breaux recognized by Best Lawyers® in 2023 in America, and Kristina Munoz recognized in the third edition of the Best Lawyers: Ones to Watch in America™. Congratulations Erin and Kristina! The post Kreig LLC has two of the Best Lawyers® in America appeared first on Kreig LLC.

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. […] The post Can Reasonable Diligence Trump a Probate Statute of Limitations in Texas? appeared… Continue reading Can Reasonable Diligence Trump a Probate Statute of Limitations in Texas?

Legal Terminology Self-proved will laws A will that can be validated without the use of a probate court. Such a will usually requires the presence of witnesses who attest to the will’s validity. Presumption of Continuity When no circumstances exist that suggest a will lacks validity or has been revoked, the burden shifts from a […] The post Are Statements of a Testator Presumed True in Texas Probate? appeared first… Continue reading Are Statements of a Testator Presumed True in Texas Probate?