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Full-Text Articles in Law
Pro Se Executors—Unauthorized Practice Of Law, Or Not?, Michael Hatfield
Pro Se Executors—Unauthorized Practice Of Law, Or Not?, Michael Hatfield
Articles
This Article clarifies why under Texas law an individual named as executor in a will has the right to offer the will for probate and otherwise appear in a probate court without hiring a lawyer. This Article first provides an overview of the independent administration provisions of the Texas probate code before reviewing the unauthorized practice of law prohibition and the pro se exception. After establishing that executors qualify for the pro se exception in Texas because executors appearing in court are exercising their own management rights—rather than the rights of "the estate" or the beneficiaries—the Article explores suggestions of …
The Legal Efficacy Of Attempted Methods Of Avoiding Probate, Hugo E. Oswald
The Legal Efficacy Of Attempted Methods Of Avoiding Probate, Hugo E. Oswald
Washington Law Review
Various means have been employed from time to time to avoid the necessity of the probating of estates. Generally speaking, such means have utterly failed to accomplish their purpose. In considering the reasons for such failures it must be borne in mind that there are two classes whose rights are affected. first, the parties themselves, and, secondly, creditors and the state by reason of its right to inheritance tax.