Video & Transcript Research : 'probate procedure'

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TX
Summary: The committee considered several House bills dealing with family law and civil procedure. House Bill 1916, concerning a court’s jurisdiction in suits to divide property not divided on dissolution of marriage, was reported favorably on a 4-0 vote and recommended for the local and uncontested calendar. House Bill 1973, addressing proof of the identity of a child’s parents in a suit affecting the parent-child relationship, was also adopted with a committee substitute, reported favorably 4-0, and sent to the local and uncontested calendar. House Bill 2524, on recovery of fees, court costs, and expenses in family law proceedings, and House Bill 2530, on special appointments in suits affecting the parent-child relationship, each received favorable 4-0 votes and were likewise recommended for the local and uncontested calendar. The committee then took up House Bill 3180, which was reported favorably 4-0 and recommended for the local and uncontested calendar. The most detailed discussion centered on House Bill 40, relating to updates to business courts. Senator Hughes explained a committee amendment that made conforming changes requested by the Finance Committee and removed language creating two new judgeships, replacing it with a different judge allocation. The amendment was adopted, the amended committee substitute was adopted, and the bill was reported favorably on a 4-0 vote and sent to the local and uncontested calendar. At the end of the meeting, members briefly clarified procedural details about the House Bill 40 amendment and then closed out the agenda. The committee also noted a correction to an earlier reference to Bartleby the Scrivener, and the Chair recessed the Committee on Jurisprudence subject to the call of the chair.
TX

Texas 89th Regular

Jurisprudence (Part I) May 21st, 2025

Jurisprudence

Transcript Highlights:
  • It also would clarify procedures when conflicts of interest arise.
  • changing the word settlement to statement in the context of discovery under the Texas Rules of Civil Procedure
  • It updates probate procedures so that original wills can be physically transferred by a qualified delivery
  • procedures so that original wills can be physically transferred by a qualified delivery method and it
  • treats paper copies of ...clarifications in the Estates Code to streamline probate administration procedures
Summary: The committee heard several House bills, most of them relating to family law and court procedure, and left each bill pending after testimony. House Bill 1916 would clarify that the court that issued a final divorce decree retains exclusive jurisdiction over later actions involving undivided property. House Bill 1973 would require a certified birth certificate, if reasonably available, to be filed with a SAPCR petition or allow alternative proof of parentage while keeping the information confidential. House Bill 2530 would add qualifications and procedural safeguards for appointing amicus attorneys in SAPCR cases, including notice and hearing requirements, minimum qualifications, conflict rules, and limits on what amicus attorneys may do. House Bill 2524 would make Family Code references to attorney’s fees consistent by using “reasonable and necessary” language. House Bill 3180 would correct a scrivener’s error in the civil discovery rules by changing “settlement” to “statement.” The committee also heard House Bill 4213, which would change the interest rate on overdue child support from the current 6 percent simple interest to a fixed 5 percent and require the Attorney General to report on the impact of the change. Testimony was sharply divided: supporters argued lower interest could improve collections and help low-income obligors catch up, citing research and the size of child-support arrearages; opponents said lowering the rate would reduce incentives to pay and harm custodial parents and children. The Attorney General’s office raised implementation concerns about a House version that would have created a variable rate, while the committee substitute was described as restoring a simple fixed rate. After testimony, the bill was left pending. The committee also discussed House Bill 40, updating business court provisions and supplemental jurisdiction; House Bill 3421, streamlining probate procedures for original wills and copies; and House Bill 417, clarifying venue for lawsuits involving private transfer fees on real property. Each drew limited testimony and was left pending. Finally, House Bill 3783 drew extensive testimony on court-ordered counseling and reunification therapy in family cases. The sponsor and supporters said the bill would protect children and abuse victims from coercive, unregulated reunification practices, while opponents argued it was too broad, could interfere with legitimate therapy and judicial discretion, and might affect military families and other high-conflict cases. The committee heard testimony from judges, therapists, parents, survivors, and advocates, but took no final action and left the bill pending.
TX
Transcript Highlights:
  • It would also clarify procedures when conflicts of interest arise.
  • word 'settlement' to 'statement' in the context of discovery under the text of civil rules of civil procedure
  • It updates procedures so that original wills can be physically transferred by a qualified delivery method
  • sets a seven-day deadline to notify heirs of temporary administrator appointments and adds statutory probate
  • Of course, the bill makes additional clarifications in the estates code regarding administration procedures
TX

Texas 89th Regular

S/C on Family & Fiduciary Relationships May 5th, 2025

S/C on Family & Fiduciary Relationships

Transcript Highlights:
  • The probate cases are heard by the county judge.
  • However, if a party to a probate proceeding files a motion for the assignment of of a probate judge to
  • probate.
  • I'm Guy Herm, representing Statutory Probate Courts of the State of Texas.
  • Currently there is no specific procedure for doing that.
TX

Texas 89th Regular

Jurisprudence Mar 26th, 2025

Jurisprudence

Transcript Highlights:
  • I'm Guy Herman, statutory probate court judge here in Travis County.
  • I happen to be the presiding statutory probate court judge.
  • All the statutory probate courts—there's 24 of those.
  • And that's why I'm in strong support of this, and all the statutory probate courts.
  • As you know, we do this to avoid double probate in the will setting.
Summary: The Senate Committee on Jurisprudence heard several family-law and probate bills. Senate Bill 2052 would codify a rebuttable presumption that a parent acts in the best interest of a child and require clear and convincing evidence to overcome that presumption in disputes involving non-parents; the author and several witnesses supported the bill as a clarification of existing case law, while one witness suggested refining the modification language. Public testimony was closed and the bill was left pending. The committee also heard Senate Bill 1923, which would allow child support to follow a child placed temporarily with kin or fictive kin under a parental child safety placement or authorization agreement; the bill’s author and a grandparent caregiver testified in support, while one witness suggested the Attorney General could handle the change administratively. That bill was also left pending. Senate Bill 1838 would standardize fee schedules and compensation rules for attorneys ad litem and related court-appointed counsel in DFPS child-protection cases. The author said the bill would clarify unclear current law, and witnesses from the Texas Indigent Defense Commission and family-defense bar supported it, though one asked that expert-witness expenses be expressly included. Senate Bill 387 would raise the bond requirement for county judges handling guardianship proceedings to at least $500,000; the author described it as a refiling of a prior bill that passed unanimously but was vetoed, and a statutory probate judge testified in support. Senate Bill 1839 would require original or paper wills to be delivered to the transferee court when probate proceedings are transferred; the committee substitute broadened the delivery methods, and the district clerk witness supported the change. All three bills were left pending. The committee also took up Senate Bill 1536, which had previously been voted out with the wrong committee substitute; members reconsidered the vote, adopted the corrected substitute, and then voted 3-0 to report the bill favorably to the full Senate, with local and contested calendar certification. Finally, Senate Bill 1940 would create a transfer-on-death mechanism for manufactured homes classified as personal property, similar to existing tools for real property and vehicles; the author and an estate-planning attorney testified that it would streamline transfers and reduce probate costs. A non-substantive committee substitute was still being prepared, and the bill was left pending.
TX
Transcript Highlights:
  • I'm Guy Herman statutory probate court judge here in Travis County.
  • I happen to be the presiding statutory probate court judge.
  • All the statutory probate courts, there's 24. those.
  • And that's why I'm in strong support of this. all the statutory probate courts.
  • Senate Bill 1835 would enhance the reliability of transferring probate records between county courts
TX

Texas 89th Regular

Criminal Jurisprudence May 6th, 2025

Criminal Jurisprudence

Transcript Highlights:
  • That is not, then we don't have some long probation for them to pay that out of.
  • Like, we're changing the code of criminal procedure that has evidentiary effect or.
  • The procedural requirements of Rule 412...
  • However, this change in the Code of Criminal Procedure was not placed in the Texas Family Code as a result
  • But we would just go ahead and incorporate those in the Code of Criminal Procedure.
AL

Alabama 2025 Regular Session

Alabama House Mobile County Legislation Committee Apr 9th, 2025

Mobile County Legislation

Transcript Highlights:
  • Senate Bill 221 is a bill for the probate judge.
  • thing we did for the sheriff's bill, where we're actually raising that pay to what it was that the probate
Bills: SB221, SB224, HB440
AL

Alabama 2025 Regular Session

Alabama Senate Education Policy Committee Feb 26th, 2025

Education Policy

Transcript Highlights:
  • The implementation planning meeting is an intricate policy or procedure.
  • The policy informed them of the procedures, including what their students are doing in the morning when
  • everything in advance regarding the Yonder pouch, including what the policy would look like, what the procedures
  • The other question is, what are your procedures for a parent who has an emergency?
  • What do they do to go through your procedures and then get straight to that?
Bills: SB92, HB9, HB9
TX

Texas 89th 2nd C.S.

Judiciary & Civil Jurisprudence May 14th, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • court counties then create new statutory probate... ...and it helps the statutory probate court counties
  • then create new statutory probate courts, and we hope are supporting this.
  • Probate court, there is no plaintiff. You are the applicant.
  • He got abused and exploited by the probate court.
  • Get the Texas Rangers to investigate the probate mafia.
Bills: SB1015, SB2933
Summary: The Committee on Judiciary and Civil Jurisprudence heard testimony on Senate Bill 1015, which would clarify that the comptroller is responsible for distributing excess judicial fund payments back to statutory probate courts. Judge Guy Herman testified in support, saying the bill would help ensure probate courts receive funding they are entitled to, while Ed Heimlich testified against the bill with broad criticism of probate courts and judicial practices. The committee then heard Senate Bill 2933, which would add elder abuse training to required judicial education for several categories of judges and judicial officers; Dr. Bruce Hargrave supported the bill, citing the prevalence and underreporting of elder abuse and the need for judges to recognize warning signs. No votes were taken on either of those bills, and SB 2933 was left pending. The committee then reconsidered Senate Bill 38, an eviction-related bill, and Vice Chair Hayes described two agreed floor amendments: one limiting the summary disposition procedure to forcible entry and detainer cases involving squatters, and another requiring a notice to pay rent or vacate for tenants who had been timely payers but missed a payment. After discussion, the committee voted 6-4 to report SB 38 without amendments. The committee also adopted or advanced a series of other bills and resolutions, including SB 293, SB 1141, SB 1448, SB 1536, SB 1558, SB 1838, SB 1940, SB 2127, SB 53, SB 251, SB 311, SB 387, SB 441 (with a substitute), SB 1164, SB 1335, SB 1574 (with a substitute), SB 1719, SB 1760, SB 1839, SB 1923 (with a substitute), SB 2807, and SJR 27 (with a substitute). Most measures were reported favorably on largely party-line or near-unanimous votes, with a few close votes on SB 942, SB 311, SB 2807, and SJR 27. SB 942, relating to retroactive child support beginning at conception, initially failed 5-5 but was reconsidered and then passed 6-5. The committee adjourned after completing its agenda.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence May 14th, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • Guy Herman, presiding statutory probate court judge here in the state of Texas.
  • court counties then create new statutory probate... ...and it helps the statutory probate court counties
  • then create new statutory probate courts, and we hope are supporting this.
  • He got abused and exploited by the probate court.
  • Get the Texas Rangers to investigate the probate mafia.
Bills: SB1015, SB2933