News & Analysis as of

Executors Probate Wills

Allen Barron, Inc.

The Immediate Importance of Estate Planning

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What is the immediate importance of estate planning and why should any parent, business owner, homeowner, or those nearing retirement be focused on this issue? Why do most people delay one of the most critical financial and...more

Lippes Mathias LLP

Understanding the Role of an Estate Representative and Choosing the Right Individual for your Estate Plan

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Once you have taken the essential step in formulating your estate plan, you must name an executor of your Will. Whom should you designate for this significant role, and what is expected of them?...more

Lippes Mathias LLP

Considerations When Choosing Between a Trust vs. Will Estate Plan

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There are a number of considerations to make when deciding whether to proceed with a Will-based estate plan or a trust-based estate plan. First, as a general matter, there are two ways in which your estate can be distributed...more

Allen Barron, Inc.

Why Do You Need Estate Planning?

Allen Barron, Inc. on

Why do you need estate planning no matter where you live, but especially in California? What is estate planning? Isn’t estate planning just for people with a lot of money, property and wealth? Why should someone just...more

Hendershot Cowart P.C.

Alternatives to Litigation in a Will Contest or Probate Dispute

When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more

Lippes Mathias LLP

Avoiding Probate in New York: Benefits of Planning Ahead

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What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more

Bowditch & Dewey

Estate Planning for Child-Free Adults

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DURING YOUR LIFE - When preparing your estate plan, it is of utmost importance to ensure that you have documents in place so your spouse or another trusted individual can make medical and financial decisions on your...more

Barnea Jaffa Lande & Co.

Amendments to the Israeli Succession Law

New amendments to the Israeli Succession Law came into effect recently. These amendments aim to alleviate the bureaucratic burden involved both in issuing probate orders or inheritance orders and in supervising estate...more

Winstead PC

Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property

Winstead PC on

In Bean v. Bean, a dissenting co-executor sought relief from a probate court regarding whether certain assets were separate property or community property. No. 05-21-00286-CV, 2022 Tex. App. LEXIS 9058 (Tex. App.—Dallas...more

Winstead PC

Court Reversed Order Admitting A Will To Probate As A Muniment Of Title Due To The Statute Of Limitations

Winstead PC on

In Marshall v. Estate of Freeman, a trial court’s order admitting a will as a muniment of title forty-one years after the testator’s death was reversed. No. 03-20-00449-CV, 2022 Tex. App. LEXIS 2857 (Tex. App.—Austin April...more

Hendershot Cowart P.C.

Executor Mishandling the Estate? Watch for These Warning Signs:

When it comes to handling your loved one’s estate, the executor has a series of important duties and responsibilities. If you suspect an executor is mishandling their responsibilities or mismanaging estate assets, you can...more

Winstead PC

Court Affirms Decision That Executor Applicant Was Unsuitable For That Position

Winstead PC on

In In the Estate of Johnson, an applicant to be an independent administrator appealed a court’s decision to not appoint him due to his being unsuitable. No. 02-20-00133-CV, 2021 Tex. App. LEXIS 7138 (Tex. App.—Fort Worth...more

Cohen Seglias Pallas Greenhall & Furman PC

An Executor’s Guide to Administering an Estate

The executor position is an important but often misunderstood role. In this webinar on estate administration, Whitney Patience O’Reilly details an executor’s duties, from locating the deceased’s will to making the final...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] An Executor’s Guide to Administering an Estate - May 25th, 12:00 pm - 12:30 pm ET

The executor position is an important but often misunderstood role. In this webinar on estate administration, Whitney O’Reilly will detail an executor’s duties, from locating the deceased’s will to making the final...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You’ve Named the Wrong Executor

Maybe you thought that a member of your immediate family — perhaps your spouse or oldest child — would serve as the executor of your estate. Or you may have planned for a close friend to handle these duties. But the person...more

Winstead PC

Court Affirmed Finding That Testator Had Capacity To Execute A Will, Was Not Unduly Influenced, And That The Appointment of...

Winstead PC on

In In the Estate of Flarity, a son of the testator challenged the trial court’s probating of a 2004 will and the appointment of two of his siblings, named in that will, as executors. No. 09-19-00089-CV, 2020 Tex. App. LEXIS...more

Winstead PC

Texas Court Concludes There Was A Fact Question As To Whether A Hand-Written Document Was A Will

Winstead PC on

In In re Estate of Silverman, a trial court granted a will contestant’s summary judgment and denied a handwritten document’s admission to probate as the last will of the decedent. No. 14-18-00256-CV, 2019 Tex. App. LEXIS 4579...more

Winstead PC

Codicil Was Properly Rejected Because It Did Not Adequately Refer To Last Will And Testament

Winstead PC on

In In the Estate of Hargrove, two daughters offered their mother’s last will and testament dated in 2017 for probate. No. 04-18-00355-CV, 2019 Tex. App. LEXIS 1703 (Tex. App.—San Antonio March 6, 2019, no pet. history). Their...more

Chambliss, Bahner & Stophel, P.C.

What To Do When a Loved One Passes Away

Whether your spouse has just passed away or you have lost your mom or dad, the emotional trauma of losing a loved one often comes with a bewildering array of financial and legal issues demanding attention. It can be difficult...more

Adler Pollock & Sheehan P.C.

Don’t be afraid of probate

Probate. The word itself is enough to strike fear into the hearts of elderly individuals and their loved ones. It conjures images of lengthy delays waiting for wealth to be transferred and bitter disputes among family...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – What Is Probate?

Farrell Fritz, P.C. on

When a last will and testament is admitted to probate, it simply means that the court is satisfied that the will is valid and has decreed the will valid to direct the distribution of a decedent’s assets. The court then...more

Winstead PC

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In The Will Giving Him That Authority

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In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market value. No. 05-16-01411-CV, 2018 Tex. App. LEXIS 4266...more

Winstead PC

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In Will Giving Him That Authority

Winstead PC on

In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market value. No. 05-16-01411-CV, 2018 Tex. App. LEXIS 4266...more

Winstead PC

Court Holds That Drafts Of Trust Documents Are Discoverable And Discusses The Attorney-Client Privilege

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In In re Rittenmeyer, the mother of the decedent was the executor of his estate. No. 05-17-01378-CV2018 Tex. App. LEXIS 2812 (Tex. App.—Dallas April 19, 2018, original proceeding). ...more

Smith Debnam Narron Drake Saintsing & Myers,...

After a Loved One Passes: Six Important Steps to Know

The days, weeks, and months after the death of a loved one can be emotional and stressful, especially if you are named the executor of your deceased family member or friend’s estate. ...more

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