111111

Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

What Happens When You File An Inheritance Dispute In The Wrong Texas Court

filing an inheritance dispute in wrong Texas court

Facts

A recent court of appeals decision illustrates what happens when you file an inheritance dispute in the Wrong Texas Court. An elderly Texas man had nine children. In the last few years of his life, one of his children gained control of the man. She obtained a power of attorney. With that power of attorney, she added herself to his bank account after which the money in the account dropped from over $200,000 down to $109. She also persuaded her father to deed over his real property to her. The man did not have a will.

Wrong Court

After the elderly man died and the other children realized what had happened, they sued their sister seeking to recover the money from the bank account and to void the deed. They sued her in the district court instead of the probate court. The judge gave them a summary judgment against their sister. The sister appealed on the basis that her siblings had sued in the wrong court. The appeals court agreed and reversed the trial court’s ruling. The court of appeals stated:

The well-settled general rule is that heirs cannot sue in their own right as heirs for property of the estate; the executor or
administrator must sue.”

Because only the probate court and not the district court could appoint an executor or administrator, the district court had no jurisdiction in this case. 01-15-00693-CV.

What Happens When You File An Inheritance Dispute In The Wrong Texas Court?

Filing an inheritance dispute in the wrong Texas court can be fatal to your claim!

 

 

Like Us on Facebook

Follow Us On Twitter

Contact Us

We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.


Posted in Contesting wills, Procedure, PropertyTagged , , , , ,
X