April 2014 Dicta
by Steven Hallbauer, Lemons & Hallbauer

The DAYL Elder Law Committee and member Judge Chris Wilmoth, judge in Dallas County Probate Court No. 2, teamed up to host a “Question & Answer Session” on the morning of Friday, February 21. Coffee and donuts were provided courtesy of the Elder Law Committee, and Judge Wilmoth opened up the courtroom in order to answer attorney questions pertaining to any aspect of probate and guardianship law.

judge wilmoth coffee with court 2014In addition to questions about the new Estates Code that went into effect January 1st, there were many questions from attorneys about the Dallas County e-filing procedures. An aspect of e-filing that is unique to the probate practice is the requirement that an original will must still be filed in person with the court within three days of e-filing an Application to Probate. Therefore, the probate process is not completely “electronic” as of yet, a situation that gives rise to issues that are very practice-specific.

Judge Wilmoth, joined by Probate Court No. 3 Auditor Melanie Baloga, answered attendee questions on both the legal issues presented by e-filing as well as the practical, “nut and bolts” aspects of the process. The attorneys who attended the event were very appreciative of the time extended by the court in order to directly assist with resolving issues and problems that the bar has encountered during these first few months of mandatory e-filing in Dallas County.

The Elder Law Committee is grateful to its members who assisted with the planning and implementation of this event and to Judge Wilmoth and Melanie Baloga for their participation.