Dallas Bar Association
HEADNOTES August 2009 Volume 33 Number 8
Representing an Estate’s Creditors in Probate
Focus Probate/Trusts & Family Law
Inspired Women of the DBA
By William D. Houser and Amanda Trankovich
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reditors of decedents’ estates often have their claims barred because they don’t understand the process set forth in the Probate Code for handling claims. For most creditors, the process begins by presenting their claim. Presentation requires a written, specific claim for money, including supporting documentation and a proper affidavit. If a claim is not properly documented, a dependent administrator can reject the claim, regardless of its merit. Generally, a claim may be presented to the personal representative, the representative’s attorney or filed with the court. A creditor must also meet certain deadlines or the claim may be barred. Those deadlines are triggered by notices sent from the personal representative or by the general statutes of limitations. A personal representative may send permissive notices to any unsecured creditor. Any claim held by an unsecured creditor that is not presented within four months of receipt of the permissive notice is barred. It is a good idea for unsecured creditors to send their presentment via a delivery method that confirms date and time of receipt, such as certified mail with return receipt requested. If the personal representative does not send permissive notices, an unsecured creditor may present a claim at any time before the general statute of limitations has run. Once the unsecured claim has been presented, the personal representative must reject or allow the claim. A personal representative can reject a claim for defects in form. If the personal representative does nothing with the claim for 30 days, then see representing page 6
Tickets $25
Saturday, August 8 Ŷ Granada Theater Ŷ For more information, visit www.dbalawjam.org.
ENSURING EQUAL ACCESS TO JUSTICE
More than 500 members of the Dallas legal community were “inspired” by esteemed women of the bar who relayed humorous and honest insights into professionalism and how they have reached the pinnacles in their careers. For the second consecutive year, a full house came to the Belo Mansion for the “Inspiring Women” CLE event, hosted by the DBA Legal Ethics Committee. Those participating in the midday program included Pat Villareal, U.S. District Judge Jane Boyle, Betsy Whitaker, Rhonda Hunter, Karen Gren Johnson (program coordinator), Professor Linda Eads (moderator), DBA President Christina Melton Crain and Madeleine Johnson (left to right).
Thanks to TK & Other Firms, Interns Shine by Darlene Hutchinson Biehl
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iling, researching, photocopying, sorting mail and delivering documents. These may seem like mundane tasks for a veteran lawyer or seasoned paralegal, but for a high school student, these chores lead to the opportunity of a lifetime. Since 1994, the DBA has interviewed thousands of high school students and placed nearly 500 teenagers in law firms and corporate legal departments for eight weeks during the summer. The companies pay the students a reasonable wage, while giving them a glimpse into the legal profession. In cooperation with Dallas ISD, more than 20 students who are entering their senior years are chosen annually to experience the structure and demands of an office environment. Simultaneously, they gain self-confidence and learn about professionalism. During the two-month program, the interns also enjoy courthouse tours and other educational programs hosted by the DBA. One of the program’s first interns described the experience: “I feel that each time they give me a task they are showing confidence in me. Knowing that someone believes in me and my abilities gives me courage to strive harder.” The program is supported by the Dallas Bar Foundation, and would not be possible without the generosity of the firms and legal departments who open their doors each year to new interns. Thanks to the Thompson & Knight Foundation, an intern was placed this summer at the Dallas Volunteer Attorney Program. “This innovative concept will allow a student to witness firsthand the incredible work being done for low-income residents with important legal needs. The foundation and Cindy Pladziewicz created an idea that other firms could mirror in the future,” DBA President Christina Melton Crain said. Co-chairs for the 2009 Summer Law Intern Program are Lea Clinton, Everett New and Hope Shimabuku. To get involved in next year’s Summer Law Intern Program, contact HN Amy Smith at asmith@dallasbar.org.
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Bar Associations Lend Hand to Students
10 The Basics of Adoption in Texas 16 Sole Management Community Property
Representing 16 Dallas high schools, this year’s summer law interns are working for 18 different employers.