Can you probate a will after four years?
The Texas Probate Code, §73, requires that a will be probated within four years of the death of the testator “unless it be shown by proof that the party applying for such probate was not in default in failing to present the same for probate within the four years…” So the question in all of [...]
When a will is found after probate, does the two or four year limitations period apply?
In two cases where wills were offered for probate more than two years after a prior probate judgment, one court held that the second will could be offered and the other court held that it could not. In the first case, an older (1965) will was admitted to probate. More than two years later, a [...]
Can you contest the will of a living person?
Probating the will of a living person is sometimes referred to as “ante-mortem probate.” Such actions are not allowed in Texas. Section 72 of the Probate Code says that probate of a will or administration of an estate of a living person is void. Therefore, a Texas court does not have jurisdiction to rule on [...]
What must an executor do if he discovers additional property belonging to the estate?
Once the executor or administrator in a probate case is appointed, he must file an inventory of all of the property belonging to the estate. TPC 250. The inventory has to be filed within 90 days of his appointment. Once filed, the judge will review the inventory and, if everything seems to be complete, enter [...]
How do you get a copy of the will?
There are two time frames where you might want to get a copy of the will. Before the Testator dies and after he dies. The last time frame (after the Testator dies) is easy. The Texas Probate Code requires anyone who has a will of the decedent to file it with the County Clerk. If [...]
No contest clauses in wills.
Many wills have no contest clauses, also referred to as in terrorem clauses. These basically say that anyone who contest the will looses their inheritance under the will. Courts don’t like to enforce these forfeiture clauses if there is a reasonable way to avoid enforcement. Many courts created a good faith exception. If a contest [...]
Dependent vs. Independent Administration vs. Muniment of Title
When someone dies, a probate is filed to dispose of the assets. What type of probate should be filed? In Texas there are several different types of probate. The one that you want to avoid if possible is a Dependant Administration. There are times when a Dependant Administration can’t be avoided but if it is [...]
What is the difference between community and separate property?
Texas is a community property state. The word community in community property refers to the marital community; the marriage between you and your spouse. If you are not married, you do not have any community property. You only have separate property. Community property is all property acquired during the marriage except property acquired by inheritance [...]
What if there are not enough assets in the estate to pay all of the expenses?
Today’s word is abatement. Estate property is liable for debts and expenses of administration. How are these paid? Do all of the beneficiaries share this burden equally? Texas, like most states, specifies a way that the property abates. The Executor or Administrator is to follow these guidelines: If the testator has specified a particular way [...]
What happens if the testator leaves you something in his will but when he dies, he no longer owns the property that he gave you?
The word for today is “ademption.” If a testatormakes a will and leaves specific property to someone and then later sells or otherwise disposes of the property, the law says that the gift is “adeemed.” In other words, the person to whom it was given doesn’t get anything. Ademption applies to specific gifts such as [...]
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