Court’s Order Ending Family Allowance To Decedent’s Wife Was Reversed Due To A Lack Of Notice To The Wife

Winstead PC
Contact

Winstead PC

In In re Estate of Clark, a trial court entered an order allowing a family allowance for the decedent’s wife. No. 02-20-00211-CV, 2021 Tex. App. LEXIS 5685 (Tex. App.—Fort Worth July 15, 2021, no pet. history). After the wife was removed as the administrator of the estate, the court entered another order ending the family allowance. The spouse appealed, arguing that she was never given notice of the trial court’s consideration of ending the allowance and other issues. The court of appeals reversed the order because the spouse did not receive notice:

Here, there is no recitation of notice in the order vacating the family allowance. Also, although this is not a default situation, a party had rights—which were established by an order entered months earlier—adjudicated so that they no longer existed. The circumstances before us present a unique situation where a court has entered an order sua sponte that divests Clark of rights provided in an order entered months earlier, and neither the clerk’s record nor the order itself provides any suggestion that Clark was given notice that this action might be taken. We conclude that this combination of unique circumstances provides some competent evidence that the county court took its action without notice to Clark.

Id.

Written by:

Winstead PC
Contact
more
less

Winstead PC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.