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Defendant's Attorney:

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Description: El Paso, Texas probate and estate lawyers represented parties in a dispute over who were the heirs of the deceased.

El Paso County - El Paso, Texas

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Joshua Daniel Tovar
passed away, Tovar filed an application to become independent administrator of Decedent's estate. Zambrano then filed a counter-application to become independent administrator of Decedent's estate. Tovar's application stated that she was Decedent's mother. Zambrano's application stated that she was N.J.T.'s mother. Both applications stated that Decedent died intestate and his sole heir was N.J.T. Each application also stated that the relevant applicant, either Tovar and Zambrano, was an El Paso County resident and not disqualified by law to serve as personal representative of the estate or from accepting letters of independent administration.

The trial court appointed an attorney ad litem to represent the interests of both unknown heirs and heirs suffering from legal disability. The attorney ad litem determined Decedent's sole heir and child was N.J.T. The attorney ad litem also determined N.J.T. was a minor and, therefore, had a legal disability. The trial court found that N.J.T was the sole heir and entitled to all of Decedent's estate. The trial court continued the attorney ad litem's appointment on behalf of N.J.T.

The trial court held a hearing to determine heirship and appoint a personal representative for Decedent's estate.[2] At the hearing, Tovar testified that she was Decedent's mother, had never been convicted of a felony, and had never declared bankruptcy. Tovar also testified that her intention as administrator of the estate was to collect Decedent's assets and distribute them into a trust for N.J.T.'s benefit. Tovar argued that she was qualified to serve as the administrator and had priority to serve over both Zambrano and a third party under § 304.001 of the Estates Code. While she originally filed for an independent administration, Tovar told the trial court she would also accept a dependent administration.

3

At the hearing, Zambrano argued she, as mother of the sole heir, had equal priority to Tovar under the law. Zambrano testified her relationship with Tovar and Aaron Tovar (Tovar's husband and Decedent's father) was unhealthy and she did not believe Tovar would be honest with the court or Zambrano concerning the estate.

Outcome: After listening to the testimony, the trial court granted a dependent administration and appointed Tovar as administrator. Tovar was sworn in as dependent administrator.


Affirmed on appeal.

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