Texas High Court Remands For Executor To Pursue Will Probate In Individual Capacity

Mealey's (April 15, 2019, 11:13 AM EDT) -- AUSTIN, Texas — In overruling Faris v. Faris and disapproving of cases that have affirmed Faris’ imputation rule, the Texas Supreme Court on April 12 vacated a lower court’s dismissal of an executor’s application to probate the will of her late ex-husband’s wife and remanded to grant her an opportunity to amend her pleadings to pursue the probate of the will in her individual capacity (Linda Ferreira v. Douglas W. Butler, et al., No. 17-0901, Texas Sup., 2019 Tex. LEXIS 375)....