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Jurisdiction Probate Appeals

Winstead PC

Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction

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In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet....more

Carey Olsen

Shares across shores

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In an article for STEP Journal, Carey Olsen partner Helen Wang TEP looks at a recent case assessing the treatment BVI company shares as property and which governing law should apply for succession purposes. In Al Thani v Al...more

Winstead PC

Court Holds That Party Waived Appeal By Not Timely Appealing An Order Admitting A Will To Probate

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In In re Est. of Wheatfall, a trial court entered an order admitting a will to probate and denying a will contestant’s claims. No. 01-22-00920-CV, 2024 Tex. App. LEXIS 5503 (Tex. App.—Houston [1st Dist.] August 1, 2024, no...more

Winstead PC

Court Holds That An Order Was Not Final For Appeal Where There Was Still An Issue Of Intestancy Remaining To Be Determined

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In Estate of Long, the plaintiff sued trustees and alleged that she was the only child of the decedent and asserted a cause of action for a will contest and a cause of action for a declaratory judgment action in which she...more

Winstead PC

Appellate Court Held That It Did Not Have Jurisdiction Over A Probate Court’s Order Denying A Motion For Summary Judgment And...

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In Janine v. McAfee, parties fought over who should be the administrator of an estate. No. 01-20-00717-CV, 2021 Tex. App. LEXIS 10101 (Tex. App.—Houston [1st Dist.] December 23, 2021, no pet. history). ...more

Winstead PC

Courts Rule On Jurisdictional Issues Involving Probate Orders

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One of the most difficult areas for probate litigation is determining when a party has an order that is appealable. There have been several recent cases that discuss this important area of probate litigation....more

Downey Brand LLP

Lights, Cabin, Action! A Showdown Over Jurisdiction and Venue

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One of the first steps before filing a lawsuit is to decide which court has jurisdiction over it and where it is properly venued. It’s a significant choice – not only for strategic reasons, but also because a poor selection...more

Winstead PC

Court Held That Statutory Probate Court Had Jurisdiction To Grant A Rule 202 Pre-Suit Deposition

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In In the Estate of Nicholas, the temporary administrator of an estate and the decedent’s mother filed a Texas Rule of Civil Procedure 202 petition concerning a shootout at a residence by the City of Houston Police...more

Winstead PC

Trial Court Lacked Jurisdiction To Alter Its Previous Probate Order, and An Administrator Waived Any Challenge To A Damages...

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In In the Estate of Brazda, the trial court found an administrator guilty of neglecting to timely distribute the property and ordered the administrator to pay one of the heir’s damages for the neglect. No. 01-18-00324-CV,...more

BCLP

Georgia Superior Court Could Not Sanction Probate Court Conduct

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Probate court practice can be quirky, fraught with procedural peculiarities and appellate traps for those who do not regularly practice there. Appeals from a Georgia county probate court to that county’s superior court – an...more

Maynard Nexsen

SC Court of Appeals Confirms Probate Court’s Limited Partition Jurisdiction - Real property devolves according to the state law...

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In Byrd v. McDonald, op. No. 5409 (S.C.Ct.App. filed June 8, 2016) (Shearouse Adv.Sh. No. 23 at 66) the S.C. Court of Appeals decided the appeal of a probate court action to determine heirs and partition real property. The...more

BCLP

The Georgia Superior Court/Probate Court Dance

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No procedural or jurisdictional issues in Georgia fiduciary litigation can cause as much headache as the sometimes exclusive and sometimes concurrent jurisdiction of the superior and probate courts. The Georgia Court of...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

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