Texas Probate Questions & Answers

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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