Probate Court Litigation

Texas Probate Court Litigation Attorney

(855) 337-6836

James S. Bell has years of experience helping and litigating for clients who seek a lawyer for issues in Texas pertaining to probate court.

Probate in Texas is when the court supervises, for the most part, what happens to the assets of someone after they die. It can get complicated if there are will contests or people die without a will which is called dying intestate. Texas has dependent administration and independent administration. If you need complex probate counsel then you should contact James S. Bell, PC. We will represent executors and administrators to make sure that your rights are protected. There are two main types of administration of an estate. The first is independent administration. The second is dependent administration.

A probate proceeding includes the probate of a will, with or without administration of the estate;the issuance of letters testamentary and of administration; an heirship determination or small estate affidavit, community property administration, and homestead and family allowances; an application, petition, motion, or action regarding the probate of a will or an estate administration, including a claim for money owed by the decedent; a claim arising from an estate administration and any action brought on the claim; the settling of a personal representative’s account of an estate and any other matter related to the settlement, partition, or distribution of an estate; and a will construction suit.

All probate proceedings must be filed and heard in a court exercising original probate jurisdiction. The court exercising original probate jurisdiction also has jurisdiction of all matters related to the probate proceeding. A probate court may exercise pendent and ancillary jurisdiction as necessary to promote judicial efficiency and economy. A final order issued by a probate court is appealable to the court of appeals.

If there is a statutory probate court, the statutory probate court has exclusive jurisdiction of all probate proceedings. However, sometimes there can be concurrent jurisdiction with the district court. If you need a probate lawyer, please call James S. Bell, PC.

In a county in which there is a statutory probate court, the statutory probate court has jurisdiction of:
(1) an action by or against a trustee;
(2) an action involving an inter vivos trust, testamentary trust, or charitable trust;
(3) an action by or against an agent or former agent under a power of attorney arising out of the agent’s performance of the duties of an agent; and
(4) an action to determine the validity of a power of attorney or to determine an agent’s rights, powers, or duties under a power of attorney.

A statutory probate court has concurrent jurisdiction with the district court in:
(1) a personal injury, survival, or wrongful death action by or against a person in the person’s capacity as a personal representative;
(2) an action by or against a trustee;
(3) an action involving an inter vivos trust, testamentary trust, or charitable trust, including a charitable trust, Property Code;
(4) an action involving a personal representative of an estate in which each other party aligned with the personal representative is not an interested person in that estate;
(5) an action against an agent or former agent under a power of attorney arising out of the agent’s performance of the duties of an agent; and
(6) an action to determine the validity of a power of attorney or to determine an agent’s rights, powers, or duties under a power of attorney.

Probate Court And Breach Of Fiduciary Duty Attorney

In September 2017, James served as an attorney representing Dr. Stephen Hopper and Laura Wassmer in a multi-billion dollar suit against JPMorgan Chase for breach of fiduciary duty resulting in a favorable result for the plantiffs. The case is No. PR-11-3238-1: In Re: Estate of Max D. Hopper, Deceased, Jo N. Hopper v. JP Morgan Chase Bank, N.A., et al, in the Probate Court of Dallas County, Texas.

Here are additional news items pertaining to this case:

 

 

Additional Probate Law Information

 

PROBATE LAW

Probate in Texas is when the court supervises, for the most part, what happens to the assets of someone after they die. It can get complicated if there are will contests or people die without a will which is called dying intestate. If you need complex probate counsel then you should contact James S. Bell, PC.

We will represent executors and administrators to make sure that your rights are protected. There are two main types of administration of an estate. The first is independent administration. The second is dependent administration.

 

Probate Proceeding

A probate proceeding includes:

  • the probate of a will, with or without administration of the estate
  • the issuance of letters testamentary and of administration
  • an heirship determination or small estate affidavit, community property administration, and homestead and family allowances
  • an application, petition, motion, or action regarding the probate of a will or an estate administration, including a claim for money owed by the decedent
  • a claim arising from an estate administration and any action brought on the claim
  • the settling of a personal representative’s account of an estate and any other matter related to the settlement, partition, or distribution of an estate
  • a will construction suit

 

Probate Court Jurisdiction

All probate proceedings must be filed and heard in a court exercising original probate jurisdiction. The court exercising original probate jurisdiction also has jurisdiction of all matters related to the probate proceeding. A probate court may exercise pendent and ancillary jurisdiction as necessary to promote judicial efficiency and economy. A final order issued by a probate court is appealable to the court of appeals.

 

Exclusive Jurisdiction of Probate Courts

If there is a statutory probate court, the statutory probate court has exclusive jurisdiction of all probate proceedings. However, sometimes there can be concurrent jurisdiction with the district court. If you need a probate lawyer, please call James S. Bell, PC.

Trust Attorney

In a county in which there is a statutory probate court, the statutory probate court has jurisdiction of:

(1) an action by or against a trustee;
(2) an action involving an inter vivos trust, testamentary trust, or charitable trust;
(3) an action by or against an agent or former agent under a power of attorney arising out of the agent’s performance of the duties of an agent; and
(4) an action to determine the validity of a power of attorney or to determine an agent’s rights, powers, or duties under a power of attorney.

 

Concurrent Jurisdiction Between District Courts and Probate Courts

A statutory probate court has concurrent jurisdiction with the district court in:

(1) a personal injury, survival, or wrongful death action by or against a person in the person’s capacity as a personal representative;
(2) an action by or against a trustee;
(3) an action involving an inter vivos trust, testamentary trust, or charitable trust, including a charitable trust, Property Code;
(4) an action involving a personal representative of an estate in which each other party aligned with the personal representative is not an interested person in that estate;
(5) an action against an agent or former agent under a power of attorney arising out of the agent’s performance of the duties of an agent; and
(6) an action to determine the validity of a power of attorney or to determine an agent’s rights, powers, or duties under a power of attorney.

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