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Articles Posted in death

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Texas Appeals Court Holds Paternity Cannot Be Adjudicated After Putative Father’s Death

While ideally a child’s parentage is determined when they are young, that does not always occur.  A Texas appeals court recently considered whether the trial court could adjudicate the parentage of an adult petitioner after the death of the putative father. Adult Child Files Paternity Suit Against Father’s Estate An…

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Texas Divorce Abated Upon Husband’s Death

When a party in a Texas civil lawsuit dies, the case may proceed if the cause of action survives the death of the party. Tex.R.Civ.P. 150. Generally, when the defendant in Texas civil lawsuit dies, the plaintiff may petition for a “scire facias” to require the administrator, executor, or heir…

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Death of a Party During a Texas Divorce Case

“A scroll of a Divorce Decree, tied with a black ribbon on a mahogany desk, with a dead white rose buttonhole from the Wedding Day, with a black pen. Copy space..” A Texas marriage can end through either death or a court’s decree.  If a party dies before judgment is…

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FedEx May Have to Honor Same-Sex Widow’s Benefits

In a positively surprising ruling, a federal Court refused to dismiss a hearing where FedEx denied survivor benefits to a same-sex spouse. The Plaintiff is Stacy Schuett and she was in a committed relationship for 27 years with her spouse when they were finally married in a civil ceremony in…

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