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Foreign Wills Foreign Wills

Foreign Wills - PowerPoint Presentation

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Uploaded On 2016-03-27

Foreign Wills - PPT Presentation

Authority Probate Code 95107 Estates Code Subtitle K Chapters 501505 Foreigner with will admitted elsewhere The situation NonTexas domiciliary NonTexas will Will properly admitted in another state or country ID: 270238

admitted texas foreigner domiciliary texas admitted domiciliary foreigner jurisdiction needed probated order court meet death decedent

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Presentation Transcript

Slide1

Foreign WillsSlide2

Authority

Probate Code §§ 95-107

Estates Code Subtitle K, Chapters 501-505Slide3

Foreigner with will admitted elsewhere

The situation:

Non-Texas domiciliary

Non-Texas will

Will properly admitted in another state or country

Options:

Muniment of title

Ancillary administrationSlide4

Foreigner with will admitted elsewhere

1. Will probated in decedent’s domiciliary jurisdiction at death

Will does

not

need to meet Texas requirements.Slide5

Foreigner with will admitted elsewhere

1. Will probated in decedent’s domiciliary jurisdiction at death

Will does

not

need to meet Texas requirements.

No court order needed.Slide6

Foreigner with will admitted elsewhere

1. Will probated in decedent’s domiciliary jurisdiction at death

Will does

not

need to meet Texas requirements.

No court order needed.

No citation needed.Slide7

Foreigner with will admitted elsewhere

1. Will probated in decedent’s domiciliary jurisdiction at death

Will does

not

need to meet Texas requirements.

No court order needed.

No citation needed.

File will and certified copy of order admitting it to probate.Slide8

Foreigner with will admitted elsewhere

1. Will probated in decedent’s domiciliary jurisdiction at death

Ability to contest limited to:

Foreign proceedings not properly authenticated.

Will previously rejected in Texas.

Will set aside in domiciliary jurisdiction.Slide9

Foreigner with will admitted elsewhere

2

. Will probated in non-domiciliary jurisdiction

More complicated procedure and application

But, no court order needed if not contested.Slide10

Foreigner with will admitted elsewhere

2

. Will probated in non-domiciliary jurisdiction

More complicated procedure and application

But, no court order needed if not contested.

Citation by registered or certified mail on all beneficiaries and heirs.Slide11

Foreigner with will admitted elsewhere

2

. Will probated in non-domiciliary jurisdiction

More complicated procedure and application

But, no court order needed if not contested.

Citation by registered or certified mail on all beneficiaries and heirs.

Contest on

any

ground that would be a ground under Texas law.Slide12

Foreigner with will admitted elsewhere

3. Ancillary administration

Leggett

(p. 238)Slide13

Foreigner with will admitted nowhere

1

. Neither admitted nor rejected

Original probate in Texas just like domestic will.Slide14

Foreigner with will admitted nowhere

2. Rejected in domiciliary jurisdiction

Conclusive in Texas unless ground for rejection would not have been a valid rejection ground under Texas law.

Examples?Slide15

Texas domiciliary with non-Texas will

Must meet all Texas requirements.

Texas does not have a savings statute.

Practical advice =