In re Estate of Morales, 345 S.W.3d 781 (Tex. App.—El Paso 2011, no pet.).

Estate Administration

Appeal

Determination that Alleged Spouse Previously Divorced Intestate

 

After Intestate died, Alleged Widow filed an application to determine heirship. Son claimed she had no interest in Intestate’s estate because they had been divorced for over twenty years. The probate court found that they were indeed divorced and Alleged Widow appealed.

The appellate court determined it lacked jurisdiction because the probate court’s order was not final. The court had not yet determined Intestate’s heirs or resolved other issues pending in the case.

Moral: A person who wishes to appeal a case which is not yet final should seek a partition order if the person wishes to appeal sooner than the case’s normal termination.



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