Glenn Karisch’s Texas Probate Resources

Welcome to the Texas Probate Resources website, your source for information on estate planning, probate, and trust law in Texas. This site is owned and maintained by Glenn Karisch of Karisch Jonas Law, PLLC, in Austin, Texas. For information dating from before February 1, 2011, visit the legacy site at texasprobate.net.

Texas Probate

Glenn Karisch 2/28/11 Glenn Karisch 2/28/11

Case Update -- In re Guetersloh

In re Guetersloh, 326 S.W.3d 737 (Tex. App.—Amarillo 2010, no pet. h.).

TRUSTS -- Pro Se

Trustee attempted to represent himself pro se, that is, without an attorney, in both his capacity as a trustee and in his individual capacity. The appellate court held that Trustee had no right to proceed pro se in his representative (trustee) capacity but could proceed without an attorney with regard to claims in his individual capacity.

The court explained that allowing Trustee to proceed pro se in his representative capacity would be the unauthorized practice of law. The court stated that “if a non-attorney trustee appears in court on behalf of the trust, he or she necessarily represents the interests of others, which amounts to the unauthorized practice of law.” The court relied on Steele v. McDonald, 202 S.W.3d 926 (Tex. App.—Waco 2006, no pet.) in which the court held that a non-lawyer may not appear pro se in the capacity as an estate’s independent executor.

Moral: A trustee who is not an attorney may not appear in court pro se in the trustee’s representative capacity.

For summaries of other recent Texas cases, please follow this link:http://www.professorbeyer.com/Case_Summaries/Texas_Case_Summaries.htm.

Gerry W. Beyer

Governor Preston E. Smith Regents Professor of Law

Texas Tech University School of Law

1802 Hartford St.

Lubbock, TX 79409-0004

voice (806) 742-3990, ext. 302

fax (978) 285-7941

e-mail gwb@professorbeyer.com

web http://www.ProfessorBeyer.com

blog http://lawprofessors.typepad.com/trusts_estates_prof/

SSRN (articles) http://ssrn.com/author=461383

Twitter Gerry_Beyer

Glenn Karisch 2/28/11 Glenn Karisch 2/28/11

Case Update -- In re Hudson

In re Hudson, 325 S.W.3d 811 (Tex. App.—Dallas 2010, no pet. h.).

ESTATE ADMINISTRATION -- Appeal -- Admitting Will to Probate and Granting Independent Administration

Will Contestant requested a jury trial. However, the trial court heard the application without a jury and over Contestant’s objection. The court then admitted the testator’s will to probate and issued an order granting independent administration. Contestant then filed a petition for a writ of mandamus.

The appellate court denied the petition because Contestant has an adequate remedy on appeal. The court held that an order admitting a will to probate and granting an independent administration was a final order and thus appealable.

Moral: An order admitting a will to probate and granting independent administration is a final order which a dissatisfied person may appeal.

For summaries of other recent Texas cases, please follow this link: http://www.professorbeyer.com/Case_Summaries/Texas_Case_Summaries.htm.