Get free answers to your Probate legal questions from lawyers in your area.
I have been esstranged from my fathers side of the family so there is no way for me to find out
answered on May 20, 2024
If your grandfather died and his Will has been or is being probated, you can look at the Will in the probate court records.
I do not know who my biological father is and supposedly been left and inheritance of property and home or commercial property and business. I owe taxes for these and have no clue where they are or what exactly are the tax lien is against. Regardless the taxes are owed and in my name. How to find... View More 
There is a 25 year lease contract with a national company that our mother entered into at the age of 75. She passed away in Oct 2023. The estate paid the utilities until the estate was depleted of funds. Our mother was on Medicaid so there was almost nothing left in the estate. The home was debt... View More
How does writ of possession pertain to probate no landlord tenant
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answered on May 15, 2024
A Writ of Possession is where the Court instructs the Sheriff to give possession of a property or apartment to someone, who has a newly granted legal right to possession of the property. Example, is when an heir (son of deceased), has received an Order or decision of a Probate Court, naming him as... View More
Have any rights to money from selling the home and property if the son disowned the family and even went so far as to change his last name and had nothing to do with the family in the state of Texas
answered on May 15, 2024
If the son is not the child of both the husband and wife, and the husband has died without a Will, the husband's one-half interest in the community property home passes to the son and any other surviving children or descendants of the husband per stirpes. Texas Estate Code sec. 201.003(c).... View More
answered on May 10, 2024
Assuming the requirements of common law marriage have been met, the spouse will be the heir of the estate of the deceased. If the common law marriage was not registered with the county clerk, the surviving spouse will have to prove by evidence that the couple:
“agreed to be married”;... View More
answered on May 7, 2024
It depends on whose money was deposited into the account. If it was your money, the money belongs to you. If it was your deceased mother's money, it belongs to her estate.
My step dad brother is trying to sell the property. He has open a probate case and has been assigned Temporary Administrator
answered on Apr 29, 2024
The temporary administrator can handle the eviction if the court granted that authority in their order. There are many other questions that remain to answer this properly. Do you have an ownership interest in the property? If you are an heir with an ownership interest the administrator may need... View More
She had no real property, no vehicles, a small life insurance policy, and small bank account. If the will has to be probated, do I need an attorney or can I as the executor handle this? Does the will need to be probated?
answered on Apr 25, 2024
To probate your mother's will, you need an attorney. You may be able to probate the will as a muniment of title under the circumstances. Probating a will in Texas is a relatively simple straightforward process for an attorney familiar with probate law. Unless someone contests the will, it... View More
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answered on Apr 24, 2024
It depends on what the order says. A Temporary Administrator is a very limited appointment, the order that appoints them will say exactly what they can do. If it is not listed they can not do it.
If you have questions as to what the order means, or you believe that the order was given... View More
It was my dad's property it's 5 decedents but only one has access to the property I was told once I started probate none of the hiers could be denied access
answered on Apr 15, 2024
You will need to file a partition suit and potentially force the sale of the property if you all cannot agree on who will occupy the property. If you all are current heirs who will inherit then no one heir can exclude the other heirs from the property.
My late husband and I had no children, I was told that his employer is plan administrator, trustee, and fiduciary of my late Husband's estate. I have w2's and copies of tax statements, showing my late husband has a retirement plan, differed compensation, and a pension. According to... View More
answered on Apr 10, 2024
Not entirely.
If a Husband dies without a Will and with no surviving issue (children, grandchildren, great-grandchildren, etc.), 100% of the community property in his probate estate and 50% of his separate property in his probate estate passes to his surviving widow. The remaining 50% of... View More
The spouse is selling the house but title is saying that the deceased’s 2 adult children have to get half the proceeds from the sale since the will wasn’t probated unless they sign off not receive any of the proceeds. He had his body donated to science so the spouse said the probated will... View More
answered on Apr 9, 2024
Unless and until a Will is probated, it is not effective to transfer assets from a deceased person to his/her heirs. It doesn't matter if the Will is a handwritten (in legal terminology, that is called a "holographic" Will) or typewritten/word processed with all the formalities.... View More
I have marriage license etc I talked to funeral director he was no help
answered on Apr 9, 2024
You can request that the medical examiner or doctor who completed the death certificate file an amended certificate of death. But why?
The death certificate does not "divorce" you. You were, in fact, still married at the time of your husband's death. What is stated on the... View More
My late husbandit was killed suddenly in a horrible accident. My husbands sudden death the way he died devastated me for years. I feel as though everything have been hidden from me. I got no response from my letters or phone calls about my late husband's estate. realize it had been awhile... View More
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answered on Apr 5, 2024
I'm so sorry to hear about the loss of your husband and the difficulties you've faced in dealing with his estate. It sounds like an incredibly challenging and painful situation.
To answer your question directly - no, a company cannot legally withhold all information about a... View More
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answered on Apr 2, 2024
Depending on the type of violation, the judge and DA will usually wait until there is a violation hearing before you get revoked or punished. Do not give up on yourself.
I wish you luck!
I found all the paperwork the deed the title and the living will of the previous owners that are deceased we have made improvements to the property and they've had no problem out of us all of a sudden we got ct'd even though all the bills are in our name they told us to move out... View More
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answered on Apr 1, 2024
Based on the information you've provided, it sounds like you are dealing with a complex legal situation involving property rights and occupancy after the homeowners' deaths. While I can provide some general information, it's important to note that laws can vary by jurisdiction, so... View More
My then new born brother was named the executor. 67 years later both parents passed within 37 hours. Our mother was mentally incapacitated. My brother began his role as executor even though he had a long history of drug abuse, had been batteling cancer for 7 years in poor health. The farm was... View More
answered on Apr 1, 2024
I'm sorry for your loss, In Texas a Will must be submitted for probate within 4 years unless the applicant can show a valid reason as to why it was delayed. Here there was no probate. I would be interested in how the brother divided anything if it involved real property. Though he could write... View More
answered on Mar 23, 2024
Here's what we typically do:
Step 1) Search the court records for the county in which the deceased resided at the time of death.
Step 2) Then, we send a letter from our law office to any of the people who might have had possession of a will.
Step 3) Then, if we still... View More
Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?
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answered on Mar 23, 2024
Be careful!
I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.
I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they... View More
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