Can You Represent an Estate Without a Lawyer?

Can You Represent an Estate Without a Lawyer?

by | Last updated Nov 3, 2025 | How to probate a case, Probate, Procedure

Your inheritance. Let’s keep it yours!

TL;DR: Represent an estate without a lawyer? When Maryvel Suday, the sole beneficiary of her late mother’s estate, tried to represent the estate in court without a lawyer, the appeals court dismissed her case. But the Texas Supreme Court overturned that decision, ruling that executors who are also the only beneficiaries can represent the estate pro se (without a lawyer). The Court reminded us that there are dangers going pro se, but if you’re the sole beneficiary and want to risk those dangers, you have the right to do so.

Can You Represent an Estate Without a lawyer in a Texas Court? This Family Found Out the Hard Way

Picture this: Your mom passes away, leaving you as the only person who inherits anything from her estate. You’re already dealing with grief, paperwork, and legal battles. Then your lawyer quits right in the middle of your court case. The court tells you that you can’t represent yourself – even though you’re the only person who will win or lose. Sound fair? The Texas Supreme Court just said, “absolutely not.”

What Happened to the Suday Family

Maryvel Suday lived through exactly this nightmare scenario. After her mother Olga died in 2019, Maryvel became the executor of her mom’s estate. She was also the only person who would inherit anything – making her both the person in charge AND the only beneficiary.

Maryvel’s family had been fighting a complicated divorce and property case involving her parents. Her lawyer helped her through years of legal battles, but then something went wrong. In the middle of an important appeal, she told her attorney that she no longer wanted him to represent her. Maryvel found herself facing a crucial court deadline with no legal representation. She was going to represent an estate without a lawyer.

Here’s where things got ridiculous: The court of appeals told Maryvel she couldn’t represent the estate, even though she was the only person with anything to lose. They gave her time to find a new lawyer, but when she didn’t, they dismissed her case entirely.

Think about how unfair this is. Maryvel was the only beneficiary, meaning she was essentially fighting for her own money and property. But the court treated her like she was representing other people’s interests, which she wasn’t.

The Texas Supreme Court Steps In

Fortunately, the Texas Supreme Court saw how wrong this was. In June 2025, they ruled that when you’re both the executor AND the sole beneficiary of an estate, you should be allowed to represent yourself in court.

The high court made a simple but powerful point: If you’re the only person who benefits from the estate, then you’re really just representing yourself. Forcing you to hire a lawyer or automatically lose your case doesn’t protect anyone – it just hurts you.

Represent an estate without a lawyer. The Bottom Line

This case shows how important it is to understand your rights when dealing with inheritance issues. The Texas Supreme Court made the right call – when you’re the only person with skin in the game, you should be allowed to fight for yourself.

Maryvel’s case will now go back to the appeals court to be decided on the actual merits, rather than being thrown out on a technicality. Sometimes the system works, but it shouldn’t take a trip to the state’s highest court to get common-sense justice.

The Reality Check: Why Going It Alone Can Backfire

While the Texas Supreme Court gave sole beneficiaries the right to represent themselves, that doesn’t mean it’s always smart to do so. Court procedures are notoriously complex – one missed deadline, improperly filed document, or procedural misstep can sink your entire case. Judges expect you to know the same rules as trained attorneys, and “I didn’t know” isn’t a valid excuse. You might also struggle to present evidence properly, cross-examine witnesses effectively, or navigate settlement negotiations. Even if you have the legal right to represent yourself, the financial stakes in estate cases are often high enough that the cost of losing far outweighs attorney fees. Think of it like performing surgery on yourself – you might have the right to do it, but having the skill is a different story entirely.

UPDATE:

Two cases decided after this Supreme Court case were dismissed because the appealing party was not an attorney, was not the sole beneficiary, and therefore could not represent the estate or a trust. 14-25-00521-CV and 05-25-00983-CV.

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If you found this information helpful, please share this post with others dealing with similar probate issues. Have questions or personal experiences with will disputes? If you’re facing a legal battle over the validity of a will, consider consulting with a legal professional specializing in probate litigation to ensure your rights are protected.

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Texas-Sized Trouble: Why Venue Matters in Your Inheritance Dispute

Texas-Sized Trouble: Why Venue Matters in Your Inheritance Dispute

by | Last updated Sep 8, 2025 | Contesting Wills, Contesting wills, Grounds, How to probate a case, Probate, Procedure

TL;DR Key Takeaways :

In Texas, where you file your inheritance dispute (venue) matters A LOT. Picking the wrong court can cause delays, waste money, and even get your case dismissed. If you’re involved in a Texas inheritance dispute, talk to a lawyer ASAP to make sure you file in the right place.

Understanding Venue in Texas

What is Venue? (And Why Does it Matter in Texas?)

Venue means the location of a legal action. Where will the parties and witnesses have to go to court? Texas Civil Procedure Rules: Rule 86 sets out the method of challenging venue. Inheritance disputes are treated like any other lawsuit, so venue is essential.

Because Texas is so vast, a person who lives in Houston does not want to try a case in El Paso or vice versa. While there may be situations where you don’t have a choice about venue, knowing the Texas venue rules is important because failure to act quickly can waive your venue rights.

Factors Determining Proper Venue in Texas Inheritance Cases

The Texas Estates Code sets out the venue rules for inheritance disputes in §33.001. If the decedent had a domicile or fixed place of residence, venue for probate proceedings is in the county where the decedent resided. See Tex. Est. Code Ann. § 33.001(a)(1). If the decedent did not have a domicile or fixed place of residence, venue for probate proceedings is in the county where the decedent’s principal estate was located at the time of death or the county where the decedent died. See id. § 33.001(a)(2)(A).

Consequences of Improper Venue

If a probate matter is filed in an improper county, it is necessary to raise the venue question immediately. If you wait to file a motion to transfer venue, you could waive the issue and end up with an inheritance dispute in a county that is the wrong county or is inconvenient to you. Imagine if you live in Houston but have to go to El Paso when you need to be present in court!

When to raise the venue issue

The Texas rules require you to raise the issue of improper venue as your first pleading in court, and if you don’t, you can waive the issue. For example, let’s say you had a loved one pass away. You learn that a person in another county has filed a will for probate that you believe resulted from undue influence or was made when your loved one didn’t have testamentary capacity. Your witnesses are all elderly and in your county.  Traveling to another county will burden your case, so you want venue to be in the correct county. Venue questions are required to be raised as your first pleading.

The following case shows the problems of not acting promptly.

In the Estate of Chrisbristow, one of the parties complained to the appeals court that venue had been improper when the case was tried and that the case should be reversed. The Court of Appeals denied her objection to venue because she did not raise it in her first pleading. Instead, she waited until after she had filed other pleadings before raising the venue issue.  The proper venue can be waived!

How an Experienced Texas Probate Attorney Can Help

Because venue is critical and must be raised immediately, an experienced attorney can provide sound legal advice on your options.

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If you found this information helpful, please share this post with others dealing with similar probate issues. Have questions or personal experiences with will disputes? If you’re facing a legal battle over the validity of a will, consider consulting with a legal professional specializing in probate litigation to ensure your rights are protected.

Texas Estate Battle: How the Validity of Wills Divided a Family

Texas Estate Battle: How the Validity of Wills Divided a Family

by | Last updated Nov 6, 2024 | Contesting Wills, Contesting wills, How to probate a case, Procedure, Wills

Validity of Wills in Texas

Disputes can arise even in the wake of loss in the realm of family estates and inheritances. This was the case for the Altice family (NO. 01-22-00019-CV) following the passing of Theresa Altice on March 14, 2019. At 81 years old, Theresa left behind not only cherished memories but also a substantial estate, including three homes, cash accounts, stocks, and mineral interests. As her family began the process of settling her affairs, a legal battle emerged between her daughter and her granddaughter concerning the validity of wills that she had made.

The Will at the Center of the Dispute

Theresa’s will, dated October 19, 2017, named her granddaughter, Krystle, as the executor and sole beneficiary of her estate. This means that Krystle was appointed to manage the distribution of Theresa’s assets according to her wishes. However, after the will was admitted to probate (the legal process of validating a will), Theresa’s daughter, Cherye, raised objections. She claimed that the will was either a forgery or that it had been influenced unduly, questioning its validity.

Cherye also presented a handwritten (holographic) will dated March 5, 1998, suggesting that this earlier document should take precedence over the later one. This created a complicated situation, as both Cherye and Krystle now had different visions for how Theresa’s estate should be handled.

The Legal Examination of the Will

Certain legal requirements to ensure the validity of wills in Texas are set out in the Texas Estates Code.  These had to be met to determine if the October 19, 2017, will was valid:

  1. It must be in writing.
  2. It must be signed by the testator (the person making the will) or in their presence and at their direction.
  3. It must be attested to (witnessed) by at least two credible individuals unless it is wholly in the testator’s handwriting.

It was uncontested that Theresa’s will was indeed in writing. The focus then shifted to whether she had signed it and whether it had been properly witnessed.

Testimonies and Evidence

Randall, one of Theresa’s sons, testified that he saw her sign the will in a lawyer’s office. He stated that they were side by side when she signed it. Although another witness, Christian, didn’t see Theresa sign, he claimed she indicated she had done so when they discussed the will.

Cherye challenged these testimonies, arguing that the will’s statements conflicted with the witnesses’ accounts, particularly regarding whether Theresa initialed every page and signed in front of both witnesses simultaneously. However, the court explained that a will does not have to be initialed on every page, nor is it necessary for all witnesses to see the signing simultaneously.

The Court’s Ruling

Ultimately, the court ruled in favor of Krystle, upholding the validity of the October 19, 2017 will. It determined that there was sufficient evidence to show that Theresa had indeed signed the will, and both witnesses had attested to it correctly, even if the signing process did not follow the exact procedure that Cherye claimed was necessary.

The will was not invalid; even though there was a defective self-proving affidavit (a document that verifies the will without needing additional witnesses), this didn’t invalidate the will. The court clarified that a will could still be proven valid based on the testimonies of the witnesses.

Conclusion: The Importance of Clarity in Wills

This case illustrates the complexities that can arise in determining the validity of wills, especially when family dynamics are involved. Clarity and proper legal guidance in drafting a will are crucial for families looking to avoid such disputes. Ensuring that the will is properly signed and witnessed and clearly states the testator’s wishes can help prevent misunderstandings and conflicts after a loved one has passed away.

The Altice case serves as a reminder of the importance of having a will and ensuring it meets all legal requirements to reflect the true intentions of the person making it. As families navigate their grief and the practicalities of estate planning, being informed and prepared can make a significant difference in honoring a loved one’s legacy.

 

Understanding Estate Inventories in Texas: A Guide for Beneficiaries

Understanding Estate Inventories in Texas: A Guide for Beneficiaries

by | Last updated Jul 8, 2025 | Contesting Wills, Contesting wills, Duties, How to probate a case, Inheritance, Procedure, Removal, Time limits, Who is a Fiduciary

Your inheritance. Let’s keep it yours!

TL;DR An inventory is a comprehensive list of all the assets of the estate and all claims against it. If an incorrect inventory is filed, you must object to it in a timely way, or it may be too late.

Understanding Estate Inventories in Texas and How to Object.

When a loved one passes away, the process of distributing their estate—the property and money they leave behind—can be both emotional and complicated. A critical part of this process is creating a list of all the things the deceased person owned, called the “Inventory, Appraisement, and List of Claims.” This list includes everything from their home and bank accounts to personal items and any debts owed to them.

But what happens if one of the people set to inherit from the estate feels that this list is incomplete or incorrect? Let’s break this down using a real case (No. 13-22-00576-CV) as an example.

What is an Estate Inventory?

When someone passes away, their estate usually goes through a legal process called probate. This process helps to manage and distribute their assets according to their will or, if there is no will, according to state law. In Texas, the person in charge of managing the estate, the executor (or executrix, if female), must file an inventory with the court. This inventory shows all the deceased’s property—like their home, bank accounts, and personal items—so that the court and beneficiaries (those named in the will) know what the estate is worth.

This inventory helps ensure transparency, ensuring the executor is fair and open about what the deceased person owns and how it will be divided among the beneficiaries.

What If the Inventory Is Wrong?

Sometimes, a beneficiary—someone supposed to inherit—might think the inventory isn’t accurate. They may believe that certain assets were left out or that the executor didn’t give some items a proper value. This is precisely what happened in the case of Dale Oretus Maun.

Case Study: Dale Oretus Maun’s Estate

Dale Oretus Maun passed away in 1985, leaving his estate to his three children: Mark, Debora, and David. Debora was appointed as the executrix and, in 1989, filed the required inventory with the probate court. However, over 30 years later, in 2021, Mark claimed that Debora didn’t disclose all the assets the estate owned and failed to report the income generated by the estate after Dale’s death. He argued that Debora didn’t divide the estate according to their father’s wishes.

Mark filed a lawsuit against Debora’s estate after her death, but the court ruled that it was too late for him to bring the claim. The court’s decision hinged on timing, which brings us to an important point—when and how you can object to an estate inventory.

How to Object to an Inventory

If you’re a beneficiary and believe the inventory the executor files is incorrect or incomplete, you can file an objection with the probate court. Here are some common reasons to file a complaint:

  1. Assets were left out: If the executor did not include the deceased’s property, you might claim that the inventory is incomplete.
  2. Asset values are wrong: If you think the property was valued too high or too low, it could affect what each beneficiary gets.
  3. Income was not reported: If the estate made money after the person passed away, like from rent or interest on investments, the executor must also account for this income.

In the case of Dale Oretus Maun, Mark argued that his sister, Debora, did not include all assets, didn’t report estate income, and failed to divide the estate fairly.

Timing is Important: The Statute of Limitations

While beneficiaries have the right to object to the inventory, they must act quickly. In Texas, claims like breach of fiduciary duty (meaning the executor didn’t do their job correctly) must be filed within four years of the problem being discovered. This is called the statute of limitations.

In Mark’s case, the court found that too much time had passed. Mark knew about the missing assets and other issues long before 2021, so his lawsuit was dismissed. Even though Mark tried to argue that he couldn’t have known about the problems sooner, the court said he should have investigated earlier.

Lessons for Beneficiaries

This case teaches an important lesson: keep a close eye on the probate process and act quickly if something seems wrong. If you think the executor hasn’t listed all the assets, didn’t report income, or is not following the will, raising these issues with the probate court as soon as possible is crucial.

Deadlines are strict, and waiting too long could mean losing the chance to make sure the estate is handled fairly. Some exceptions exist to these deadlines, like if the executor hid information on purpose, but it’s always a good idea to seek legal advice early on.

Final Thoughts

Understanding Estate Inventories in Texas: Objecting to an estate inventory is a serious matter, but protecting your rights as a beneficiary is essential. Understanding the process and acting within the proper time limits is critical to ensuring that the estate is managed fairly and that you receive what you are entitled to under the will. If you think something isn’t right with how an estate is handled, consult a lawyer to discuss your options.

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If you found this information helpful, please share this post with others dealing with similar probate issues. Have questions or personal experiences with will disputes? If you’re facing a legal battle over the validity of a will, consider consulting with a legal professional specializing in probate litigation to ensure your rights are protected.

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Texas Supreme Court Rules on Lost Wills

Texas Supreme Court Rules on Lost Wills

by | Last updated Sep 9, 2024 | Contesting wills, How to probate a case, Probate, Procedure, Wills

Texas Supreme Court Rules on Lost Wills.

In the legal world, probate can be a complex and emotional process, especially when a will goes missing. I have written about the requirements for probating a lost or missing will here. A recent case (No. 23-0258) involving the Humane Society of the United States (HSUS) sheds light on how courts handle such situations. Here’s a breakdown of what happened and why it matters.

The Case at a Glance.

The case concerns Myrtle Dell Brown, who passed away in June 2018. In October 2009, she signed a new will that named the Humane Society as her sole beneficiary, replacing her previous will that had named her cousin, Annabelle Powell, as the beneficiary. Unfortunately, the original 2009 will could not be found after her death, leading to a legal dispute over whether a copy of the will could be probated.

What Happened?

  1. The Missing Will: An attorney, John Yow, drafted Brown’s October 2009 will, which was last known to be in Ms. Brown’s possession. However, it disappeared, and efforts to locate it were unsuccessful. The Humane Society applied to probate a copy of the will, but their application faced significant hurdles.
  2. The Legal Hurdles: For a copy of a will to be probated when the original is missing, Texas law requires two main things:
    1. Proving the Cause of Nonproduction: The applicant must show that the original will cannot be found despite a diligent search.
    2. Overcoming the Presumption of Revocation: There is a presumption that a will was destroyed with the intent to revoke it if it was last seen in the testator’s possession.
  3. The Trial Court’s Decision: The trial court found that the Humane Society had conducted a reasonable search but denied the application to probate the copy of the will. The court was concerned that insufficient evidence showed why the original will could not be found and whether the presumption that the will was revoked had been overcome.
  4. The Court of Appeals: The court of appeals affirmed the trial court’s decision, primarily because it did not consider testimony from Catherine Wylie, who was Brown’s guardian and had conducted a search for the will. Wylie was not sworn in, which the court of appeals deemed a procedural issue that affected its admissibility.

The Supreme Court.

Wylie’s Testimony: The central issue was whether Wylie’s unsworn testimony could be used as evidence. The Supreme Court ultimately decided that it should be considered. Wylie had conducted a thorough search and provided valuable information about the circumstances of the will’s disappearance. Since Wylie was an attorney and the Guardian of Brown, the testator, she was an officer of the court and did not need to be sworn in if no one objected.

“A guardian ad litem is not an attorney for the child but an officer appointed by the court to assist in properly protecting the child’s interests.”. And “[w]hen, during an evidentiary hearing, counsel makes unsworn factual statements as an officer of the court, on the record and without objection from opposing counsel, such statements are properly considered as evidence.”

Proof of Nonproduction: The Supreme Court determined that the Humane Society had met the requirement to prove that the will could not be found after a diligent search, despite the trial court’s earlier conclusion to the contrary. Wylie’s and Yow’s efforts to find the missing will were as thorough as other searches that have been considered reasonable in similar cases. There was no evidence challenging their claims about the search, and even the trial court agreed that a careful search of Brown’s home and safe deposit box was carried out.

Why This Matters.

This case highlights the challenges faced when a will goes missing. It underscores the importance of thorough documentation and the need for clear legal procedures to ensure that the testator’s wishes are honored. For anyone dealing with probate issues, especially in cases where key documents are lost or destroyed, understanding these legal requirements can be crucial.

In the end, while the Humane Society’s battle to successfully probate the copy of Myrtle Dell Brown’s will faced several setbacks, the legal principles established could offer guidance for similar cases in the future.

Some Caution Needed.

This case involves a gift to a charity. Texas courts favor such gifts. Would the outcome be different if the lost will gave all property to a person, especially a non-family member, instead of a charity?

Who Receives Notice of Probate?

Who Receives Notice of Probate?

by | Last updated Aug 22, 2023 | Contesting wills, How to probate a case, Procedure, Start

Texas Probate Notice Requirements

Who receives notice when a will is filed for probate in Texas?

When a will is filed for probate in Texas, the county clerk posts a notice on the courthouse wall. This notice provides constructive notice to the world that the will has been filed, and individuals should take necessary steps to protect their interests if any time limits or statutes of limitation apply.

However, a different rule applies when someone is a named beneficiary in the will. In that case, the executor or administrator must provide actual notice to the beneficiary that the will has been filed for probate. There must be something more than constructive notice.

Named Beneficiary

In a recent Texas case, the contestant did not file his will contest within the two-year statute of limitations for contesting wills, and his contest was dismissed, leading to an appeal. 12-22-00256-CV. The contestant argued that he was a named beneficiary and should have received actual notice of the probate. However, the appeals court disagreed.

Decision

The will listed the contestant as the son of the testator but stated that the testator had “already give my son…a 1985 Chevrolet Corvette for his inheritance of my estate.” Despite the poor grammar, the court determined that the testator meant “already given my son” his inheritance, indicating that the son was not a beneficiary under the will since he did not receive anything under the will.

Things to Note

When someone passes, it is the responsibility of the heirs to understand what actions are required. In some cases, close relatives are unaware of an individual’s passing for several years following their death. If an individual is not listed as a named beneficiary in the will, they will not receive any personal notification, making it crucial for individuals to keep themselves informed.

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