In Estate of Pollack v. McMurrey, 858 S.W.2d 388, 36 Tex. Sup. Ct. J. 1100 (Tex. 1993), the defendant died after filing an answer to the suit. Plaintiff's counsel informed the estate's counsel that the estate was being made a party to the suit; the Texas Secretary of State subsequently attempted service upon the two executors by certified mail, return receipt requested. See TEX. CIV. PRAC. & REM. CODE ANN. 17.044-.045. The citation to one executor was returned unclaimed, and the citation to the other executor was signed for by an unidentified person at the executor's home. Pollack, 858 S.W.2d at 390. When the estate failed to answer, the trial court signed a default judgment. In support of its motion for new trial, the estate filed affidavits from the executors saying that each was "totally unaware" of the litigation until after entry of the default judgment. Id. In Pollack, the supreme court held the trial court abused its discretion in refusing to set aside the default judgment "without a proper resolution of a factual dispute regarding the Estate's failure to answer." Id. at 389. The case was reversed and remanded to the trial court with instructions to conduct an evidentiary hearing to determine controverted material facts relating to the Estate's failure to answer. Id.