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 Slayer Rule

Texas Slayer Rule

by | Last updated Feb 10, 2025 | Contesting Wills, Contesting wills, Grounds, Inheritance, Procedure, Time limits, Who inherits

Can Murderers Inherit in Texas? Understanding the Texas Slayer Rule

Quick Facts Box

  • Texas has no automatic “Slayer Statute”
  • Murderers can potentially inherit unless stopped
  • Courts can use “constructive trusts” to prevent inheritance
  • Action must be taken by interested parties
  • Different from most other U.S. states

What is the Slayer Rule or Statute?

Imagine someone kills a family member and then tries to claim their money and property. In most states, laws called “Slayer Rules or Statutes” automatically stop killers from inheriting from their victims. For example, if a son murders his parents, these laws would prevent him from receiving any inheritance from them.

How the Texas Slayer Rule is Different

Texas stands out from other states because it doesn’t have a law that automatically stops killers from inheriting. This unusual situation comes from two important sources:

  1. The Texas Constitution (Article 1, Section 21) says that no criminal conviction can cause someone to lose their inheritance rights.
  2. The Texas Estates Code (Section 201.058) reinforces this rule, stating that criminal convictions cannot stop someone from inheriting property.

How Can Families Stop a Murderer from Inheriting?

In Texas, family members must take specific steps to prevent a killer from inheriting:

  1. File a Court Action: Someone with a legal interest in the case must go to court
  2. Request a Constructive Trust: This is a special legal tool that helps prevent unfair situations
  3. Prove Their Case: The family must show why the trust is needed

Understanding Constructive Trusts

Think of a constructive trust like a special box that holds property:

  • The killer technically owns the property (legal owner)
  • But they must hold it for someone else’s benefit (beneficial owner)
  • The court decides who really gets to use and benefit from the property

What Happens If No One Takes Action?

Here’s the surprising part – if no one goes to court to stop it:

  • The killer can inherit the victim’s property
  • There’s no automatic prevention
  • The inheritance proceeds as if it were a normal case

Who Can Take Action Under the Texas Slayer Rule?

A person who would inherit if the murderer predeceased the victim can take action. This includes the victim’s child, brother or sister, parent, cousin, or someone named in a will.

Real Texas Case Example

In one important case on the Texas Slayer Rule, even though family members tried to stop a killer from inheriting:

  • They asked the court for a constructive trust
  • But they didn’t prove all the required legal points
  • The court had to let the killer inherit the property
  • This shows how important it is to handle these cases correctly

What Should Families Do?

If you’re dealing with a situation under the Texas Slayer Rule:

  1. Act quickly
  2. Contact us or another legal professional
  3. Gather evidence
  4. File for a constructive trust
  5. Be prepared to prove your case

Key Takeaways

  • Texas handles killer inheritance cases differently than most states
  • No automatic protection exists under the Texas Slayer Rule
  • Family members or interested persons must take active steps
  • Time is critical
  • Professional legal help is usually needed

This unique approach to the Slayer Rule makes Texas law different from most other states. Understanding these differences is crucial for anyone dealing with such unfortunate situations.

Other Articles

I have written other articles on Texas Slayer Rule here, here, here, and here. Please review these for additional information.

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.

 

Common Disaster Clauses in Wills: Insights from a Texas Legal Battle

Common Disaster Clauses in Wills: Insights from a Texas Legal Battle

by | Last updated Sep 30, 2024 | Inheritance, Inheritance Overview, Probate, Procedure, Property, Spouse, Spouses, Who inherits

Common disasters clauses in Texas wills.

In Texas inheritance cases, the concept of a “common disaster” can significantly impact the distribution of assets. When a married couple makes a will, they often include specific instructions about what should happen to their belongings if they both pass away in a “common disaster.” But what if the circumstances surrounding their deaths are complicated? This is exactly what happened in the tragic case of Vencie and Melba Beard (485 S.W.3d 914 (2016)), and it raises important questions about the law, especially regarding something known as the “slayer statute.”

The Tragic Events

The case of Vencie and Melba Beard illustrates how tragic circumstances can complicate the execution of wills and lead to legal disputes. In a heartbreaking incident, Vencie Beard shot and killed his wife, Melba, before taking his own life. Following their deaths, their wills became a focal point of legal debate. Each will stated that if both spouses died in a “common disaster,” their assets should be distributed to certain individuals. But here’s the twist: Melba died first at 8:59 p.m., and Vencie died later at 10:55 p.m. The case doesn’t explain how this information was known, but it was probably taken from the autopsy report. This timing led to a legal challenge. The “certain individuals” claimed that Melba and Vencie died in a “common disaster” so they would inherit. Other parties did not want “certain individuals” to inherit and claimed that Melba and Vencie did not die in a “common disaster.”

What is a “Common Disaster”?

The term “common disaster” refers to a situation where two or more people die almost simultaneously due to the same event, making it impossible to tell who died first. This concept is important for ensuring that assets are divided according to the deceased’s wishes, even when the order of death is unclear. A Texas statute deals with common disasters when the will does not define a common disaster. See “Required Period of Survival for Devisee” in the Texas Estate Code.

The Legal Dispute

Elaine Stephens, who was in charge of handling the Beards’ estates, filed lawsuits arguing that the couple did not die in a common disaster. The trial court ruled that they did die in a common disaster, stating that the term should apply in this case. However, when the case went to appeal, the court recognized that the deaths did not meet the legal definition of a common disaster because Vencie had clearly survived Melba for a significant time.

The Slayer Statute Explained

Here’s where the Slayer statute comes into play. This legal principle states that if someone kills another person, they cannot inherit from that person’s estate. Essentially, you cannot benefit from your own wrongdoing. In this case, because Vencie shot Melba, he would be barred from inheriting her property under this statute, regardless of how the court interpreted their wills. Texas does not have a Slayer statute, but relatives can take other actions to ensure that the Slayer does not inherit from his wrongdoing. See the article here and here.

The Court’s Decision

Ultimately, the court decided that the Beards did not die in a common disaster because Vencie survived Melba for nearly two hours. This ruling meant that “certain individuals” who would have inherited if the deaths resulted from a common disaster did not inherit.

Why This Matters

The Vencie and Melba Beard case underscores the importance of clear language in wills and the implications of tragic circumstances.

Conclusion

This case serves as a reminder of how important it is to think carefully about estate planning. If you’re drafting a will, consider consulting with a legal professional to ensure your intentions are clear and that your wishes will be honored, even in unfortunate circumstances.

If you have questions about inheritance disputes in Texas, contact us for a consultation.

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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.

Share this post

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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