Probate Law
Farrow-Gillespie Heath Witter LLP
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In the Estate of Dempsey Johnson, Deceased: The Acceptance-of-Benefits Doctrine
/in Probate Litigation/by Matthew GriffethIn February of 2021, the Texas Supreme Court heard arguments concerning whether a beneficiary of a will has standing to contest the will despite having already accepted benefits under it. In the case, the contestant argued that the “acceptance-of-benefits” doctrine did not bar her claim because she had not accepted all her benefits (under the […]
How to Apply for Guardianship in Dallas County
/in Guardianship/by Ellen WilliamsonThis article was originally published by UNT Dallas College of Law on January 1, 2020. The process to apply for permanent guardianship in Dallas County can often be a complicated process. The process for applying in Dallas County is as follows: 1. The applicant files an application for appointment of permanent guardianship with the certificate […]
An Overview of Guardianship
/in Guardianship/by Ellen WilliamsonThis article was originally published by UNT Dallas College of Law on January 1, 2020. Guardianships can be granted by a court when an individual requires assistance handling their personal or financial affairs. What is a guardian? A guardian is a person appointed by a court to manage the person, estate, or both, of an […]
Beware Fill-in-the-Blank Wills!
/in Probate Proceedings/by Chris WilmothIn 2015, the Texas Legislature passed a law requiring the Supreme Court of Texas to make available to the public simple forms for preparing wills. In the six years since, however, the Supreme Court has not published these model wills online. If and when these free model wills are published, it will become easier and […]
Resolutions to the Probate Homestead Conundrum
/in Probate Proceedings/by Jessica Dunne and Spencer TurnerUnder Texas law, a surviving spouse has the right to reside in the marital home until the surviving spouse either abandons the home or dies. But this so-called “probate homestead” right does not extinguish the ownership interests of remaindermen (co-owners, heirs, or beneficiaries) under the decedent’s will. The responsibilities of the homestead claimant (the […]
Is it Too Late to Probate the Will?
/in Probate Proceedings/by Chris WilmothYou’re going through a loved one’s papers and come across a will. The person who wrote the will (a Texas resident) died years ago. What do you do? First Things First First, you should surrender the will to the county probate court where the deceased person lived. Texas law requires you to file with the […]
What Happens to Your Real Estate Property If You Die Without a Will?
/in Probate Proceedings/by Elaine PriceIf you reside in the state of Texas and die leaving a valid will that disposes of real estate property, then the real estate ownership will pass to the person who is to receive the land according to the will. However, the will must be probated in a court for this transfer to be effective. […]
New Guardianship Requirements
/in Guardianship/by Ellen WilliamsonThis article was originally printed in Dallas Bar Association Headnotes, December 2018 On June 1, 2018, new statewide guardianship requirements took effect for those seeking to be appointed as a guardian. These new requirements are administered through the Judicial Branch Certification Commission (JBCC), the state agency tasked with overseeing guardians and guardianship programs. The new […]
Revised Durable Power of Attorney Act
/in Guardianship/by Ryan SellersMany sign a Durable Power of Attorney (DPOA) in order to name an agent to handle their finances in case of future illness or incapacity. On November, 1, 2017, the Texas Legislature revised the Texas Durable Power of Attorney Act. The revisions address a frustrating and common problem encountered by Texans attempting to act under […]
How to Probate the Copy of a Lost Will
/in Probate Proceedings/by Chris WilmothYou’ve searched everywhere –the desk, file cabinet, footlocker, safe, attic, shed, and safe-deposit box at the bank. But you can’t find the original will. You call the attorney who prepared it. No luck. No original can be found anywhere. Or maybe you can’t tell whether the document you have is the original or a copy. […]
Power of Attorney Liability
/in Guardianship, Probate Litigation/by Liza Farrow-GillespieA person (“agent”) holding a power of attorney for another person (the “principal”) must act with the utmost degree of loyalty to the principal. The agent must avoid being involved in any transaction which benefits, or even which potentially benefits, the agent. That rule of law was enforced once again in 2015 by the Texas […]
Requirements for Trial by Special Judge
/in Special Judge/by fghprobate3700Under Chapter 151 of the Texas Civil Practices and Remedies Code, parties to any civil litigation, including probate litigation, may choose to conduct a trial before a “Special Judge” instead of proceeding to trial before the probate court or a jury, and instead of pursuing expensive arbitration. The requirements for trial by special judge follow: The […]
Dallas County Probate FAQs
/in Probate Litigation, Probate Proceedings/by Jessica DunneQ1: Can I probate a Will without an attorney? Unfortunately, no. The Probate Courts do not allow individuals to appear on behalf of themselves. For all purposes in Probate Court, you must hire a lawyer. Q2: I’ve been appointed as the Executor of a Will. What am I supposed to do? A: The first things […]
The Texas Probate Process for a Valid Will
/in Probate Proceedings/by Jennifer LewisThe Executor of a Will has the responsibility of submitting the Will for probate. Under the rules of the probate courts, an individual desiring to probate a Will must be represented by an attorney; and the attorney must appear in court on behalf of the executor of the will whenever a court appearance is required. […]