Acts , 85th Leg. An interested person may, at any time before an application for letters of administration is granted, file an opposition to the application in writing and may apply for the grant of letters to the interested person or any other person. On the trial, the court, considering the applicable provisions of this code, shall grant letters to the person that seems best entitled to the letters without notice other than the notice given on the original application.
An applicant for the issuance of letters testamentary or of administration of an estate must prove to the court's satisfaction that:. Reenacted and amended by Acts , 86th Leg.
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If letters testamentary are to be granted, it must appear to the court that:. If letters testamentary or of administration have previously been granted with respect to an estate, an applicant for the granting of subsequent letters must show only that the person for whom the letters are sought is entitled by law to the letters and is not disqualified. A fact contained in an application for issuance of letters testamentary or of administration or any other fact required to be proved by this subchapter may be proved by the sworn testimony of a witness with personal knowledge of the fact that is:.
Added by Acts , 83rd Leg.
Letters Testamentary | North Texas | Law Office Of Ronda S Haynes
A payable to, and to be approved by, the judge in an amount that is twice the amount of the creditor's claim; and. B conditioned on the obligors paying the claim on the establishment of the claim by suit in any court in the county having jurisdiction of the amount. In this case, the husband had waived his right to the wife's TRS benefits in the divorce decree. The court said that it doesn't make any difference what the divorce decree says if the procedure is not followed and the proper forms are not used.
In a prior case, the Supreme Court had held that a spouse could waive the beneficiary designation in a divorce decree of retirement funds under ERISA.
Missouri, like Texas, has a statute that nullifies all provisions in a will in favor of a spouse if the spouses divorce. In the Missouri case, the husband and wife had a contractual will. They divorced.
Things to Consider Before You Decide Not to Probate a Will
The husband did not change his will. He died. The ex-wife filed the contractual will for probate saying that the contract between the deceased husband and her survived the divorce. The appeals court said it did not. Even though the parties contracted to make mutual wills, the wife would be treated as if she had predeceased the husband under the statute that nullifies provisions in favor of an ex-spouse. 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.
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