Court Not Barred from Hearing Estate Related Claim

In Dolenz v. Vail, 200 S.W.3d 338 (Tex.App.—Dallas 2006, no pet. h.), a creditor of the decedent claimed Decedent had given him a security U.C.C security interest in paintings held by Decedent’s trust. The creditor had already sought possession in prior proceedings. Saying that it lacked jurisdiction to hear the issue, the probate court denied the creditor’s motion when he sought to take possession of the paintings. The appellate court reversed, stating that collateral estoppel and res judicata were not jurisdictional issues that would prevent the probate court from hearing the matter. The probate court had to hear the creditor’s motion because “his claim is a matter relating to the distribution of [the] estate of a deceased person and thus a matter ‘incident to an estate’” under the Texas Code.