F+B Keeps Case From Being Transferred to Wrong Court

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F+B was recently hired to represent the executor of his deceased father’s estate in Corpus Christi. In the case, the executor’s sister had filed a motion to try to have the case transferred to Harris County, alleging that her father died as a resident of Harris County.

The father lived in Corpus Christi for approximately 30 years prior to his death. He worked until a few months before his death when his health declined somewhat. Because of a fire in his home, he was forced to move to Houston to live with his daughter for approximately 6 months while his home was repaired. Approximately 4 months prior to his death, the father returned to his home in Corpus Christi and never returned to Houston before dying. In fact, because of a contentious relationship with his daughter, the executor alleged that his sister had never spoken to the father against after he returned to Corpus Christi.

In the sister’s attempt to move the case to Houston, she alleged that the father has moved to Houston and never intended to return to Corpus Christi. To refute her allegations, F+B provided the Court with the affidavits of approximately 10 of the Decedent’s friends in Corpus Christi with whom he had spoken after returning from Houston. Each of those friends confirmed that the Decedent made statements to them that he was happy to have returned home to Corpus Christi. After a contested hearing on the issues, the Court agreed with F+B that the Decedent did not live in Houston at the time of his death, and as a result, the case should remain in Corpus Christi.

Probate Litigation cases can include disputes over the proper location for the case to proceed. Those disputes require expertise in both probate issues and in an understanding of the Texas Rules of Civil Procedure. F+B brought its expertise in these issues to this case.

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