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Estate Planning › Dismissals › Executors

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Winstead PC

Court Held That Non-Attorney Executor Could Not Appeal An Order

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In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio September 25, 2024, pet. filed)....more

Downey Brand LLP

Immortal Right — Income Beneficiary’s Entitlement to Accounting Continues after Death

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Many California trusts confer a lifetime right to income on a person (often the surviving spouse) with the remainder passing to designated survivors upon the income beneficiary’s death. When the income beneficiary dies, is it...more

Winstead PC

Court Dismissed Appeal From Order Denying Motion To Remove Executor Because Attorney’s Fees Claim Was Still Unresolved

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In Bethany v. Bethany, a party filed a motion to remove his brother as executor of their mother’s estate. No. 03-19-00532-CV, 2020 Tex. App. LEXIS 2350 (Tex. App.—Austin March 20, 2020, no pet.)....more

Downey Brand LLP

Beware of Dormant Creditor Claims in California Probate Cases

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California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents. Creditors who are unsophisticated, or who simply do not learn of the decedent’s passing, may find themselves...more

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