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Jerry's Prudence

Jerry Simoneaux

Reflections from a Texas judge on probate law, procedure, and best practices

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PricingOnly free issuesPublishesWeekly
Issues55Founded3 years agoLast Issue4 months ago
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Latest Issues

Why I Don’t Require AI Disclosures

The lawyer who signs a brief owns every word in it. That was true when the research came from a clerk, true when it came from a treatise read too quickly, true when it came from a half-remembered rule the attorney was sure they knew. It was...

4 months ago
5
5

Reach Out and Take It: How Statutory Probate Courts Transfer Cases from Other Courts

Texas statutory probate courts hold unusually broad transfer authority—but how that authority works is far from intuitive. Unlike ordinary venue transfers, the power vests in the Probate Court rather than the sending one, and the transfer c...

6 months ago
3

The Deadman’s Rule and Hearsay in Texas Will Contests

Author’s Note: On Wednesday, I sent out an April Fools Day joke about the Supreme Court of Texas finding the Deadman’s Rule unconstitutional. I am impressed by the number of readers who immediately went to the SCOTEX website to fact-check m...

6 months ago
2

THE DEAD MAN FINALLY GETS TO SPEAK

The Texas Supreme Court does not often surprise probate practitioners. It surprised them last month.

In Speake v. Speake, 703 S.W.3d 112 (Tex. 2026), the Court held — unanimously, without oral argument — that Texas Rule of Evidence 601(b),...

6 months ago
6
7

The Protective Order Most Probate Attorneys Have Never Used

The Texas Estates Code calls the person under guardianship a ward — a statutory term of art that carries specific legal consequences.1 We’ll use it once more here for exactly that purpose, then set it aside. The person we’re talking about i...

7 months ago
1

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  • Jerry Simoneaux

    Husband, father, sailor, and judge of Harris County Probate Court 1

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