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This edition of the Legal Play includes special guest Judge Georgia L. Akers. In her legal career of 30+ years, Judge Akers has served as an attorney and as an associate probate judge. She spent more than a decade presiding as an associate judge over Harris County Probate Court No. 3 and, in that time, she learned and experienced many things from behind the bench. In addition to her work in probate court, Judge Akers also teaches estate administration at the University of Houston Law Center. There, she instructs students in the practical application of probate law in Texas, specifically concerning how estates are administered. Today, Judge Akers will share some of those valuable insights.
What Does an Associate Probate Judge Do?
An associate probate judge is empowered to perform any role that a probate judge would perform. The primary difference is that an associate judge doesn’t run for office – they are appointed by the judge to assist the court in any area necessary.
In the case of Judge Akers, she was in charge of hearing the will docket, guardianship docket and heirship docket. She would also preside over trials assigned to her by the probate judge.
“These were trials that needed a lot of patience and time,” according to Judge Akers.
Probate courts are intended only for probate cases. At Harris County Probate Court No. 3, the judges primarily hear wills, trusts, guardianships, and civil mental health documents.
“When someone dies, the will has to be probated, or there has to be some action taken in order to manage the estate. It is up to the probate court to hear those matters, rule on those matters, and name an appropriate person to serve.”
In the Texas Statutes Probate Code, any matters incident to probating an estate are also heard in probate court, which can expand the scope of the case.
“That gives us a lot of leeway to hear divorce cases in a situation with a guardianship, or a personal injury lawsuit, or a contract dispute if it’s involved in a decedent’s estate.”
According to Judge Akers, it’s a matter of convenience and efficiency, as it doesn’t make sense to split the details of the probate case among multiple courts.
What Makes Probate Court Cases Unique?
The documents used to develop a probate case – a will, for example – often have flaws that interfere with how the estate is managed. Judge Akers’ work as a probate judge often involves reviewing these documents and determining how they can be amended so they can pass through probate. In this way, probate judges and attorneys work closely with the decedent’s family (and other beneficiaries) to start the probate process.
There are other quirks specific to probate cases in Texas, such as:
- Probate cases require detailed, specialized knowledge – Judge Akers frequently receives communication from other attorneys concerning probate questions. If you don’t practice it, it can be difficult to intuit probate law, even for experienced attorneys. Fortunately, Texas has a robust estates code that provides solutions to just about any issue.“If there’s a problem with the will, there is some place in the estates code that will fix it, or at least get it into probate,” Akers observed.
It was also common for Judge Akers to support the attorney while questioning the witness, asking the witness questions that may have been missed. This would be unusual in other areas of law.
- Probate cases can involve unusual assets or will-related provisions – You never know what you’ll get from an estate case, and Judge Akers has presided over some that have involved unique assets. For example, her court oversaw the case of Dr. Michael DeBakey’s estate, a brilliant cardiovascular surgeon who had more than a dozen patents for surgical instruments to his name when he died. There was also the case of a woman whose aunt was the creator of the original Texas Chainsaw Massacre film. The aunt died without a will and the rights to the film, highly sought after by production companies, passed to the niece.Clearly, probate courts must be prepared for anything.
- Probate cases can be emotionally charged affairs – “The death of a loved one changes the family dynamics,” said Akers. This is obvious in many probate cases, where the decedent’s passing can bring out the best, and worst, in people. And for many loved ones, probate hearings feel like the first major reminder that their family member is gone. Unsurprisingly, Judge Akers saw many people take the stand in tears, adding, “I always had a box of Kleenex on the bench.”Although she witnessed plenty of infighting among family members over estates, she also recalled family members who did the right thing during probate. For example, there was the case where a woman left behind all of her assets to one of her four children through right of survivorship. It wasn’t her intention to leave everything to one of the four children, but she did not have her will completely in order.
One son had legal standing to claim ownership over all his mother’s assets, but instead he did the honorable thing. He told Judge Akers, “That’s not what my mother wanted. She wanted it split between the four of us.” Judge Akers reflected, “That’s a good family. That’s a strong family.”
What Are Some Issues That Probate Courts Contend With?
Probate courts are extremely busy, with dozens of cases that must be heard in a single day. As such, there are professional expectations for both attorneys and judges.
However, given the complex and specialized nature of probate cases, it was common for lawyers to show up underprepared. In light of this, Judge Akers and Harris County Probate Court No. 3 would contact attorneys ahead of their court date to provide helpful reminders of what they would need to bring or do.
Since these attorneys were so busy and their cases potentially complex, Judge Akers respects attorneys who show up on time.
“I prided myself on always being on time, or even early, because you have a docket of 30 attorneys plus their clients who have come downtown. They probably don’t want to be there. I had one lawyer who couldn’t be on time if his life depended on it. I said I’d let him be the first one on the docket if he showed up on time. And one time he did, and I said, ‘Come on down.’”
Also important for attorneys – have your questions in writing that will be used to verify proof of death and other facts. These must be condensed down into writing, and failing to do so will cause delays or make it impossible to move the case forward.
What Are Some of Judge Akers’ Memorable Probate Court Moments?
Judge Akers has overseen some memorable cases during her time as an associate probate judge and attorney, and a few have left an indelible mark on her career. One is amusing and two are solemn.
The amusing case involved a widower. Following his wife’s passing, her will was read to the court while Judge Akers was presiding and, in it, she confessed that she could have been a better partner to her husband while she was alive. The woman’s will asked her two sisters to find her surviving husband a good wife.
Judge Akers laughingly recalled, “I remember one of her two sisters popped up and yelled ‘I don’t want him!’”
But as probate ultimately involves the death of someone, Judge Akers has witnessed many solemn, profound moments over the years.
One case started with a small estate’s affidavit that Harris County Probate Court No. 3 received. The affidavit had some issues, so Judge Akers contacted the woman who sent the affidavit to help correct it. “It turned out her son was at the Pentagon on 9/11, and I told her that we would take care of it.”
Judge Akers sent out e-mails to probate lawyers familiar with the court to help put together an heirship and other documents, and the response was heartening. Her email box filled up with messages saying, we’ll do it, we’ll pay the fees, we’ll do whatever you want. And when the hearing for that heirship was read in our court, you could hear a pin drop.
Another historically momentous case was the estate cases for the Challenger crew, which were heard by Judge Akers’ court. Those cases involved a sum of money given to the surviving family members from the U.S. government, money that was meant to be passed, at least in part, to the crew’s children. “The attorneys got creative in how they set up trusts for those children,” said Akers.
Probate Law Can Lead to an Interesting Career, as Judge Akers Law Journey Shows
Probate law is complex and nuanced, but for those attorneys and judges who practice probate, it can make for a fulfilling, meaningful career. We thank Judge Akers for her time and willingness to share insights from her time behind the bench.
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