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Is a pending probate case considered a pending law suit?

Dallas, TX |

I am trying to distinguish between what is considered a law suit and if a probate case falls under this category. There is mention of a suit having to be filed with a court in order to get a writ of attachment. Would a pending probate case be considered a pending suit?

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Attorney answers 3

Posted

The administration of the decedent's estate in a probate proceeding would not be a lawsuit. However, probate cases can also involve lawsuits and they are called ancillary actions. Examples would be a Will Contest lawsuit or a suit by a devisee against the executor or administrator claiming fraud or conversion. There are other types of lawsuits that can end up in probate court even though they may have been filed in county court at law or district court.

DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

Posted

No. The executor of the estate would have to file a law suit as well..

Posted

I just don't have enough context to answer your question. Sometimes, the existence of the probate "case" (really wouldn't call it a lawsuit) provides the basis to seek relief, like a writ of attachment. However, I need to know much more. Regardless, you don't walk into court and get a writ of attachment; it is an area where, unquestionably, you need an attorney's assistance.

There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.

Asker

Posted

This has to do with production of documents. We no longer have this attorney, but he said he was trying to use a writ of possession and when that did not work, use a writ of attachment. There was no will. Step mother on one side, which is who they were trying to get the documents from, 5 grown children on the other side. Dep Notice had already been served, but not ever done. I hope that helps explain it better. Thank you for your help.

Asker

Posted

This case is still ongoing and has been for over 4 years. No documents have ever been provided.

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