Texas Probate Questions & Answers

Q: I cannot find a deed to my grandmothers home? I have tried the County Clerk office in Marshall, TX.

1 Answer | Asked in Probate for Texas on Jan 22, 2015

Answered on Jan 23, 2015

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Nancy Hui's answer
Possibly. But until an attorney reviews your case, it can not be determined with certainty. You should consult with a probate attorney to go through your options.

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Q: are wills registered with within the county seat by the lawyers who help write it up?

1 Answer | Asked in Probate for Texas on Jan 22, 2015

Answered on Jan 23, 2015

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Nancy Hui's answer
There is no such a thing as registered will.

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Q: We been living together for 20 years he died now his daughter want everything. What are my legal rights as far as his p

1 Answer | Asked in Probate for Texas on Jan 23, 2015

Answered on Jan 23, 2015

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Nancy Hui's answer
You can only inherit his interests if either he left the assets to you in his will, or that you were his spouse. If you were not legally married, you can see if you can prove that you were his common law spouse. Without a will and not being a spouse, you have no right to any of his assets. Consult a probate attorney to help you.

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Q: Who has right over my husband's life insurance and land after he passed. His kids? or I? His son is named beneficial on

1 Answer | Asked in Probate for Texas on Jan 22, 2015

Answered on Jan 22, 2015

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Nancy Hui's answer
Typically proceeds from life insurance policy goes to a pre-designated beneficiary. So it could have been anyone: you, his kids, neighbor, parent, friend etc. But if he did not name any beneficiaries, then it goes to his estate. If there is a will, then it will go to whoever he designated in the will. If there is no will, the proceeds will be divided according to the intestacy laws in TX. For real property, it depends on whether it is community property or personal property. And then it also...

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Q: My step father passed away,without a will. My older brother is his bilogical son. When I was born I took his name at

1 Answer | Asked in Probate for Texas on Jan 12, 2015

Answered on Jan 15, 2015

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Nancy Hui's answer
You should discuss your case with a Tennessee probate attorney.

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Q: My Ex-husband died in AR. the Estates in Probate. I live in TX, can my TX attorney represent me?

1 Answer | Asked in Probate for Texas on Jan 12, 2015

Answered on Jan 13, 2015

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Nancy Hui's answer
Unless your Texas attorney is also licensed in AR, he may not represent you in the probate proceeding in AR. You can ask him for recommendation for an AR probate attorney.

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Q: Intestate estate and 4 siblings which one is mentally disabled. How will estste be divided in Texas

1 Answer | Asked in Probate for Texas on Jan 5, 2015

Answered on Jan 5, 2015

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Nancy Hui's answer
It depends on whether the deceased was married, has children, if parents still alive, and whether the assets are separate property or community property. If you describe the family situation better I can provide more information.

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Q: When my mother passes she is blind, has NO assets other than SSI. What do I ask the court for if she has no will?

1 Answer | Asked in Probate for Texas on Jan 2, 2015

Answered on Jan 4, 2015

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Nancy Hui's answer
Not sure if I understand your question. If she has no assets, then what are you trying to do?

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Q: my father died and my uncle took his car can i get the t back if am next of kin

1 Answer | Asked in Probate for Texas on Dec 29, 2014

Answered on Dec 31, 2014

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Nancy Hui's answer
That depends on whether your father died with a will, and if he did then it depends on what the will says. Other factors such as whether there is a lien on the car, who is the legal owner of the car, and whether you are his only heir will also affect your interest to the car. Your best bet is to talk to a probate attorney to sort this out.

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Q: Can a felon serve as executor of an independent administration of an estate if named in a will & nobody contests it?

1 Answer | Asked in Probate for Texas on Dec 4, 2014

Answered on Dec 8, 2014

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Nancy Hui's answer
Not if the person is a convicted felon. Does not matter if no one contests the will or not. TX Estates Code 304.003(2)

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Q: Can you file for probate without a lawyer

1 Answer | Asked in Probate for Texas on Dec 1, 2014

Answered on Dec 2, 2014

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Nancy Hui's answer
Many courts view probating a will is practice of law. That means only an attorney may for an application to probate a will.

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Q: HUSBAND DIED IN 2004 IN TX,. PROBATED HIS WILL THERE.HE OWNED LAND IN MISSISSIPPI.

1 Answer | Asked in Probate for Texas on Nov 14, 2014

Answered on Nov 16, 2014

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Nancy Hui's answer
What you are describing is called ancillary probate. Basically it is an abbreviated probate process based on a previously done full probate (in TX). You should post the question in the mississippi board because it has to be done in Mississippi using the local laws. Hopefully attorneys who are licensed in Mississippi can answer your questions.

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Q: where can you obtain a copy of the "order admitting will to probate"? From the courthouse?

1 Answer | Asked in Probate for Texas on Nov 6, 2014

Answered on Nov 10, 2014

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Nancy Hui's answer
Yes. Contact the county clerk's office of the court where the will was admitted to probate.

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Q: I have about MERP, recently received a letter from HMS regarding my deceased mothers property.

1 Answer | Asked in Probate for Texas on Sep 2, 2014

Answered on Oct 29, 2014

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Nancy Hui's answer
Medicaid has a claim on the home but not on your personal property (eg bank account). There are straight rules that medicaid must follow in order for them to recover. You will need to hire an attorney to assist you in handling your mothers estate.

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Q: Where do I send money which belongs to a deceased person?

1 Answer | Asked in Probate for Texas on Oct 23, 2014

Answered on Oct 29, 2014

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Nancy Hui's answer
If there is an estate open for the deceased person, you can write a check to "Estate of XXX", and deliver it to the executor or administrator of the estate.

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Q: In probating a Will. What does the attorney need to find out about the person that wrote the will.

1 Answer | Asked in Probate for Texas on Jun 20, 2014

Answered on Jun 21, 2014

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Charles Snyderman's answer
Your question is somewhat confusing without more information. What happened that led you to ask this question?

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Q: My father left me one-sixth of all monies in his will. Does this include his stocks and bonds or just the money market?

1 Answer | Asked in Probate for Texas on May 16, 2014

Answered on May 20, 2014

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Charles Snyderman's answer
A will can be a complicated document. Sometimes language in a will can be subject to more than one interpretation. You should take a copy to an attorney who will answer your question.

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Q: Father died recently. There was no will. Will we need a lawyer to procede in probate court. There are 3 siblings.

1 Answer | Asked in Probate for Texas on Dec 4, 2013

Answered on Jan 3, 2014

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Daniel J 'Dan'Davis' answer
More information is need to fully answer this question, but the short answer is "no", you may proceed through the probate process without a lawyer. It is referred to a filing "pro se." The process is mostly guided/controlled by the laws in the Texas Probate Code. Having stated that, I have to say I think it would typically be a mistake to not hire a lawyer through the probate process, especially if a parent dies without a Will.

There are different types of probate approaches when a...

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Q: What must i do to get a letter of testamentary if there is no Will

1 Answer | Asked in Probate for Texas on Jun 16, 2012

Answered on Jun 23, 2012

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Jonathan Craig Reed's answer
Since no Texas attorney has answered this question in 6 days I will give you a general answer with the advice that you really need to see a Texas lawyer. You would petition the court, preferably through a lawyer, stating your relation to the decedent and all of the decedent's other relatives by blood or marriage to the decedent and you or your lawyer would give notice of this petition to the other relatives. Texas statues specify which relatives have priority in being appointed personal...

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