Texas Inheritance Issues

Statutory Probate Judges And Why You Want One

by Robert Ray | Last updated Feb 18, 2023 | How, How to probate a case, Probate, Procedure

Statutory Probate Judges

The largest counties in Texas have Statutory Probate Courts. Those courts handle all probate matters in these large counties. The judges of those courts are well-versed in probate law and procedure. If you have a contested probate matter, it would be best to have a Statutory Probate Judge hear your case because of the judge’s experience and training. However, as stated earlier, the Statutory Probate Courts are only in the largest Texas counties.

If you file a contested probate case in a smaller Texas County, you may get a judge who hears criminal, civil, and probate cases. This doesn’t mean that those judges are incompetent in probate matters. It just means that probate matters make up a small part of their docket.

In medium-sized Texas counties, the county will have a County Court At Law. Of course, the judge of the County Court At Law has to be an attorney, but those courts hear all kinds of cases, from criminal to family matters to probate matters. In counties with a County Court At Law, you cannot request that Statutory Probate Judge be assigned to your case.

So, how can you get one to hear your case?

In the smaller Texas counties, the County Judge, who is more like the mayor of the county, hears uncontested probate matters. The County Judge does not need to be an attorney. If the probate case becomes contested, the case is transferred to the District Court, where the judge has to be an attorney. But these judges also hear all kinds of issues, not just probate cases.

In the smaller Texas counties, those without a County Court At Law, you have the ability to have a statutory probate judge hear your contested case. To get a Statutory Probate Judge to hear your case, you must file a motion requesting one at the beginning of the contest. If you wait and the county judge transfers the case to the district judge before your request, you will be heard in the district court. TEC §32.003, In Re Kohleffel, 13-22-00509-CV, (Tex. App. – Edinburg November 18, 2022.)

Learn more about Texas probate here. Find out the types of Texas probate here.

Who Can Contest a Texas Probate?

by Robert Ray | Last updated Nov 5, 2022 | Contesting wills, Procedure, Spouse, Who

Who Can Contest a Texas Probate

Background

In order to contest a Texas probate, you have to have standing. Standing means a person has a right to bring a lawsuit in Texas. To have standing in a Texas probate proceeding, you have to be an interested party.

Facts

In a recent case out of the Fort Worth court of appeals, the issue of standing was the central issue. 02-21-00290-CV. In this case, a man died in an accident. His common-law wife, Ms. Pachecano, had three suits; a worker’s compensation case, a wrongful death and survival action, and a probate case seeking to be appointed administrator of the husband’s estate. In the worker’s compensation case, the insurance company balked because of the alleged common-law marriage. Ms. Pachecano settled the worker’s compensation case to get the proceeds for her children. She signed papers that she was not a legal beneficiary.

When Ms. Pachecano filed the probate case to be appointed administrator of her husband’s estate, the defendant, Jackson, intervened in the probate case. Jackson claimed that because Ms. Pachecano had said in the worker’s compensation case that she was not a legal beneficiary, she couldn’t participate in his probate case—the probate court denied Jackson’s intervention. Jackson appealed. Ms. Pachecano did not challenge Jackson’s standing to be involved in the probate case until after he appealed.

Appeal

The court of appeals affirmed the trial court, stating:

Because Jackson was not an interested person, Ms. Pachecano’s argument continues that Jackson lacked standing to intervene in the heirship proceeding that she filed. We agree that the question of whether a person is interested implicates standing. As explained below, Jackson as a defendant in a wrongful-death and survival action is not an interested person in an heirship determination; thus, Jackson lacked standing to intervene. Further, Jackson’s arguments regarding why it had standing—whether an interested person or not—are unpersuasive.
Ms. Pachecano did not challenge Jackson’s standing to intervene in the probate court. That failure, however, is not a waiver of a jurisdiction-based contention, such as standing.

Read About A Muniment Of Title In Texas

by Robert Ray | Last updated Sep 4, 2022 | Glossary, How to probate a case, Probate, Procedure

Muniment of Title means to probate a will quickly and cost-efficiently when there is no need for administration of the estate. A court may probate a will as a Muniment of Title if the court finds that the will should be admitted to probate, that there is no need for an administration, and that there are no unpaid debts of the estate other than liens on real estate. One of the purposes of this limited form of probate is to provide continuity in the chain of title to estate properties by placing the will on the public record.

In normal probate where an executor is appointed and files his oath, Letters Testamentary are issued by the clerk to the Executor. Letters Testamentary are the documents that show that the Executor has been duly appointed and is the legal owner of the estate’s property. Legal ownership needs to be distinguished from beneficial ownership. The beneficial owners are the persons named in the will to receive the property. The Executor is the legal owner which gives him the right to gather all of the assets of the estate to distribute to the beneficiaries. The Letters Testamentary are required by many financial institutions before they will release accounts belonging to the decedent. Letters of Administration are the exact same thing but are issued when an Administrator is appointed rather than an Executor. An Administrator is appointed when there is no will. Filing a will as a Muniment of Title can make the probate process easier if no administration is necessary and no debts are owed by the estate.

Find Out Who is an Interested Party for Probate Purposes?

by Robert Ray | Last updated Nov 5, 2022 | Contesting wills, Glossary, Heirship, How to probate a case, Probate, Procedure, Who

The Texas Probate Code defines “interested persons,” in relevant part, to be: children, heirs, devisees, spouses, creditors, or any others having a property right in, or claim against, the estate being administered . . .” In order to contest a will, you must be an “interested party.”

The interest referred to must be a pecuniary one, held by the party either as an individual or in a representative capacity, which will be affected by the probate or defeat of the will. That means you must have a financial interest. An interest resting on sentiment or sympathy, or any other basis other than gain or loss of money or its equivalent, is insufficient. For instance, if you are a neighbor and you see that an undeserving child seems to be ending up with all of the property of their parents or grandparents, there’s nothing that you can do because your interest is not pecuniary. It is just altruistic. The only thing that you can do is to notify an interested party of your concerns. If they are not interested in contesting the will, there’s nothing else for you to do.

By Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about Texas inheritance laws, inheritance rights, probate limits, have a family inheritance dispute, a property dispute or want to know the reasons for contesting a will or protecting a will from a contest and need an inheritance lawyer, we can help. Please click on the “Contact Us” tab above and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case. There is no fee for the initial consultation.

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Can you contest a will if you accepted benefits?

by Robert Ray | Last updated Apr 20, 2023 | Who

Update 2021

The Texas Supreme Court has ruled on the issue of accepting benefits. This is the current ruling on accepting benefits and contesting the will.

Can you contest a will after accepting benefits?

In Estate of Johnson, 20-0424, ____ S.W. 3d ___, (Tex. May 28, 2021), a daughter accepted a mutual fund valued at over $100,000 that she was given under the will. She later contested the will. The trial court dismissed her contest for lack of standing because she had accepted benefits under the will. She appealed. The daughter argued that the benefit she accepted, the mutual fund, was worth less than what she would receive if the will contest were successful ($400,000+.)

Ruling

The Supreme Court upheld the trial court dismissing the contest because she lacked standing after accepting benefits. This is called the acceptance-of-benefits doctrine. If you accept benefits under a will, you can’t contest the will unless your attorney knows how to handle this situation. The Supreme Court said a contestant does not defeat an acceptance-of-benefits defense by showing that the benefit she accepted is worth less than a hypothetical recovery should her will contest prevail. Equity does not permit the beneficiary of a will to grasp benefits under the will with one hand while attempting to nullify it with the other.

What you need to know

Does this case mean that if you ever accept benefits under the will, you can never contest it? Not necessarily. Other circumstances may change the outcome. So, if you have accepted benefits and decide that you need to contest the will, you will need to find an attorney who can guide you through the process. Remember, you need to act quickly if this should happen.

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