Houston Probate Attorney Blog

Filing Inventory in Texas Probate

Houston Probate Attorney

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Filing Inventory in Texas Within 90 days after qualification, the personal representative must file with the Court a sworn inventory, appraisement and list of claims (“Inventory”) of the estate.  The Inventory must include all estate real property located in Texas and all estate personal property regardless of where the property is located. And it must […]

Independent Administration in Texas

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Contents1 What is an independent administration?1.1 How can independent administration be used to administrator an estate?1.1.1 Expression of testator’s intent in will1.1.2 Creation in estate by agreement1.2 Powers of an independent administrator1.2.1 Power of sale1.3 Removing an independent administrator1.4 Closing an independent administration What is an independent administration? An independent administration is a non-court administration.  […]

Letters Testamentary and Letters of Administration in Texas

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Contents1 About Letters Testamentary in Texas1.1 Why Letters are Needed1.2 When Letters are Issued1.3 Help With Letters Testamentary in Texas About Letters Testamentary in Texas After a person passes away and leaves behind property to be administered, one of the first steps is for a personal representative to apply to the probate court for letters […]

What is a Family Settlement Agreement?

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Contents1 About Family Settlement Agreements in Texas1.1 Family Settlement Agreements are Favored in Texas1.2 Requirements for a Family Settlement Agreement in Texas1.3 Tax Implications About Family Settlement Agreements in Texas Family settlement agreements are used to resolve probate litigation without trial. They can help avoid litigation costs and uncertainty associated with trial. Family settlement agreements […]

Probate and Accessing a Safe Deposit Box in Texas

Houston Probate Attorney

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In our last article, we wrote about how to probate an estate for a missing person and prior to that we wrote about lost wills.  In response to these articles, one of our readers asked several questions about safe deposit boxes in Texas.  This is another topic worthy of consideration.  Texas’ estate laws address safe deposit […]

Probating an Estate in Texas for a Missing Person

Houston Probate Attorney

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The probate process is intended to settle the affairs for those who die. But what happens if someone is thought to have died while a resident of Texas, but there is no direct proof of death?  Put another way, how do you settle the estate for a missing person who was previously a resident of […]

What Happens if You Lose an Original Will?

Houston Probate Attorney

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We live in a digital world–well, most of our important documents do.  Even today there are some documents that have to be kept in paper form.  A will is an example.  This begs the question, what happens when you lose your original will?  Or what happens if you cannot locate the original will for a […]

Contesting a Will After the Probate Assets are Distributed

Houston Probate Attorney

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Contents1 Contesting a Will After the Probate Assets are Distributed1.0.1 Facts & Procedural History1.0.2 The Time for Filing a Will Contest1.0.3 The Laches Affirmative Defense1.0.4 Is Laches a Valid Defense to a Will Contest? Contesting a Will After the Probate Assets are Distributed There are a number of challenges an executor can face in administering […]

Executor Not Required to Post Bond Absent Complaint

Houston Probate Attorney

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Texas law allows for an informal probate process. This gives the executor a considerable amount of leeway to administer the probate estate. But as highlighted in the recent In Re Cassar, No. 14-17-00825-CV (Ct. App.–Houston 2018) case, there are instances when the probate court will order the executor to post a bond to ensure that […]

Texas Probate Attorney Ad Litem Fee is Not Negotiable

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Contents1 Texas Probate Attorney Ad Litem Fee is Not Negotiable1.0.1 Facts and Procedural History1.0.2 Court Appointed Attorneys in Texas Probate Cases1.0.3 Attorneys Fees Have to be Reasonable1.0.4 The Probate Court Sets the Amount of the Fee Texas Probate Attorney Ad Litem Fee is Not Negotiable Probate courts in Texas appoint attorneys to represent the unknown […]