A basic overview about the determination of heirship in Sugar Land, Texas. It covers: -Heirship Proceedings: A Basic Overview -Attorney ad Litem: You've been appointed, now what? -Investigation -Prior to the Hearing -The Hearing: What to do? -Special Circumstances **IMPORTANT NOTE: The content of this slideshow is for informational purposes only and should not be construed as legal advice or as legal opinion on any matter. No attorney-client relationship is implied or created by the information found on this slideshow. Those with legal questions should seek the advice of an attorney.

1. ❧
Determination of Heirship
The Role of the Attorney ad Litem

2. ❧
Heirship Proceedings
A Basic Overview

3. ❧
❧ Determine:
1. Heirs of a decedent, and
2. Heirs’ respective shares and interests
Purpose (202.001)

4. ❧
❧ Decedent owned property in Texas, and
1. Intestacy & no administration yet,
2. Testate, but property omitted from will, or
3. Trustee holding assets for deceased beneficiary.
Circumstances (202.002)

5. ❧
❧ PR of decedent’s estate,
❧ Creditors,
❧ Claimants,
❧ Guardians,
❧ Trustees, and
❧ Party seeking Independent Administration under 401.003 (by
agreement of heirs).
Permitted Applicants (202.004)

6. ❧
❧ Anytime post death.
❧ Residual 4 year SOL of CPRC 16.0151 does not apply.
When (202.0025)

7. ❧
❧ Prior Probate Proceeding – county where will probated or
administration pending, or
❧ No Prior Probate Proceeding – 33.001 governs (usual venue rules).
Where (33.004)

8. ❧
❧ Unknown heirs,
❧ Known heirs, and
❧ Owners of a share or interest in real property listed in application.
Required Parties (202.008)

9. ❧
❧ No Service Required:
1. Parties to the application (202.055),
2. Those who signed waivers (202.056), and
3. Those who filed answers (202.055).
❧ Registered or Certified Mail (202.0151):
1. Distributees ≥ 12 yr
2. Parent, managing conservator or guardian of distributees < 12 yr
❧ Publication (202.052): unknown heirs.
❧ Posting (202.053): only if no publication under 202.052.
Notice

10. ❧
❧ Required (202.009):
1. Unknown heirs, and
2. Incapacitated heirs.
❧ Discretionary (53.104):
1. Legal disability,
2. Non-resident,
3. Unborn or unascertained person, and
4. Missing heir.
Attorney ad Litem

11. ❧
Duties
It is the duty of attorney ad litem to defend the rights of his involuntary client
with the same vigor and astuteness he would employ in the defense of clients
who had expressly employed him for such purpose. Estate of Tartt v. Harpold, 531
S.W.2d 696, 698 (Tex. App.-Houston [14th Dist.] 1975, writ ref'd n.r.e.) (quoting
Madero v. Calzado, 281 S.W. 328 (Tex. Civ. App.-San Antonio 1926, writ dism'd)).
Estate of Stanton, 2005 Tex. App. LEXIS 10901 (Tex. App. Tyler 2005, pet. denied).

12. ❧
❧ Usually by:
1. Fax, or
2. Email.
❧ Update your contact info!
Notice of Appointment

13. ❧
Attorney ad Litem
You’ve been appointed, now what?

14. ❧
❧ 20 days, but
❧ Do it immediately.
Answer

15. ❧
Investigation

16. ❧
❧ Opposing Counsel:
1. Application & other pleadings,
2. Relevant vital records (death, birth, divorce, etc.), and
3. Names & phone # for: applicant, family, disinterested witnesses.
❧ Review Documents:
❧ Plain Jane v. Ancestry.com
❧ Interview (at the very least):
1. Applicant
2. 2 disinterested witnesses
Investigation/Due Diligence

17. ❧
❧ Verify facts in application, but especially
1. Heirs,
2. No Will
❧ Gather names of knowledgeable persons
❧ Ask tough questions:
1. Prior marriages,
2. Children out of wedlock, and
3. Common law marriage.
The Interviews

18. ❧
❧ Options:
❧ Westlaw
❧ Accurint
❧ Public Data
❧ Google
❧ Look for clues to unknown heirs
Public Data Search

19. ❧
Prior to the Hearing

20. ❧
❧ Bug applicant’s attorney
❧ Heirs’ names/locations
❧ Correct distributive shares
1. Community property and
2. Separate property (even if you think there is none).
❧ Use Judge Guy Herman’s Chart at
https://www.traviscountytx.gov/images/probate/Docs/DnD_diagrams.
pdf
Review Proposed Judgment

21. ❧
❧ Bug applicant’s attorney
❧ Heirs’ names/locations
❧ Correct distributive shares
1. Community property and
2. Separate property (even if you think there is none).
❧ Use Judge Guy Herman’s Chart at
https://www.traviscountytx.gov/images/probate/Docs/DnD_diagrams.
pdf
Review Proposed Judgment

22. ❧
❧ Agree or disagree with application
❧ Skeletal recitation of documents reviewed and persons consulted
❧ Distribution chart
❧ Contact information for previously unknown heirs
❧ Serve report
AAL Report

23. ❧
❧ Agree or disagree with application
❧ Skeletal recitation of documents reviewed and persons consulted
❧ Distribution chart
❧ Contact information for previously unknown heirs
❧ Serve report
AAL Report

24. ❧
❧ Applicant script, but more.
❧ Checklist for hearing.
❧ Ensure applicant presents necessary proof.
❧ Demonstrate your due diligence.
Script

25. ❧
❧ Applicant script, but more.
❧ Checklist for hearing.
❧ Ensure applicant presents necessary proof.
❧ Demonstrate your due diligence.
Script

26. ❧
❧ Compensation (53.104(b)): Reasonable compensation; set by court.
❧ Submit to opposing counsel
❧ Get agreement
❧ File application and order for fees
❧ Tips:
1. Keep time diligently;
2. Show write-offs (be prepared to write-off); and
3. Don’t fill in amount on the order.
Invoice

27. ❧
❧ Ensure applicant’s attorney has filed it.
Affidavit of Service of Citation
(202.057)

28. ❧
❧ Ensure proper notice has been issued.
Notice

29. ❧
The Hearing
What to do?

30. ❧
❧ 30 minutes early
❧ Introduce self to witnesses and opposing counsel
❧ Confirm answers to key questions
Pre-hearing

31. ❧
❧ Administration/Heirship together
❧ Heirship typically first
❧ Applicant’s attorney leads (usually, but be prepared)
❧ Use script as a checklist
❧ Ask missed questions
❧ Questions to show due diligence
❧ DON’T SAY, “No questions”
❧ “If I asked you the same questions…” (show due diligence)
The Hearing

32. ❧
Get Paid

33. ❧
Special Circumstances

34. ❧
❧ Get direction from court – time and expense of investigation
Step 1

35. ❧
❧ Look for “affidavits of single-hood” to obtain or retain
1. Public assistance
2. Health insurance
3. Life insurance
4. Military benefits
5. Social security
❧ Individual v. joint tax returns
Potential Common-law Marriage

36. ❧
❧ Magnum PI
❧ Ancestry.com
❧ Professional forensic genealogist
❧ Genetic testing
❧ AAL Report, include:
❧ Family tree with references to evidence
❧ New heirs’ contact information
❧ Notice to now known heirs prior to hearing (get waivers if possible)
Unknown Heirs

37. ❧
❧ Magnum PI
❧ Ancestry.com
❧ Professional forensic genealogist
❧ Genetic testing
❧ AAL Report, include:
❧ Family tree with references to evidence
❧ New heirs’ contact information
❧ Notice to now known heirs prior to hearing (get waivers if possible)
Unknown Heirs

38. ❧
Tips, Pointers & Resources

39. ❧
❧ Understand the intestacy chart
❧ Make the applicant’s attorney do the work
❧ If you suspect fraud, don’t go along to get along
❧ Don’t be afraid to ask the tough/sensitive questions
Key Pointers

40. ❧
❧ The Ad Litem Bible
❧ Our website: www.romanosumner.com
Resources

41. ❧
❧ The Ad Litem Bible
❧ Our website: www.romanosumner.com
Resources

42. ❧
❧ Learn a lot
❧ Gets you into court
❧ Facetime with the judges
Why do it?

43. ❧
Questions?

44. ❧
Questions?