Texas Probate Questions & Answers

Q: My parents are deceased and have property and other access valued at approximatly 70K, do I need to probate their will?

1 Answer | Asked in Probate for Texas on Feb 16, 2015

Answered on Feb 18, 2015

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Nancy Hui's answer
That depends on what those assets are and how they are titled. For example, if the asset is $70k in a joint account with right of survivalship, then the money will pass automatically to the surviving account holder. There is no need to probate the will. But if the account is solely in your father's name, then you will need to have the will probated and distribute the money according to the will.

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Q: What criteria does a probate judge use when choosing an admin. from two brothers named as co-executors?w/o lawyer

1 Answer | Asked in Probate for Texas on Feb 17, 2015

Answered on Feb 18, 2015

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Nancy Hui's answer
Seems like you get the terms confused. First, if you and your brother are designated as co-exectuors, then there must be a will. The will has to be probated (meaning presented to the court) in order for this appointment of Executor to happen. It is not something that someone can do without an attorney because this is considered as practice of law. Just like you can't perform a brain surgery on someone without having a medical license regardless of how many articles you have googled from the...

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Q: My father died recently in 1994 he and I went to a lawyer and signed a will leaving a majority of his property and money

1 Answer | Asked in Probate for Texas on Feb 18, 2015

Answered on Feb 18, 2015

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Nancy Hui's answer
You will need to have a probate attorney to help you figure out who is the proper heir to your father's estate. If there are two wills, then the will dated on a later date controls, provided the later dated will was properly executed. It will be hard for a lay person to tell if a will was properly executed. That's why you need to have an attorney look into your case. There are too many variables that may affect the outcome.

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Q: If my father died w/o a valid will, can my sister be declared the administrator because she applied for the application

1 Answer | Asked in Probate for Texas on Feb 16, 2015

Answered on Feb 16, 2015

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Nancy Hui's answer
If the court finds that she is appropriate to be the administrator then yes, she can be appointed as such. However, if there is reason that she should not be appointed, you need to file an objection so the court will know. Once she is appointed as an administrator, she may begin administration of the estate. One of the tasks include selling the assets (eg a house) and distributing to the heirs. She is not required to inform you or get your permission to sell a house. There are many other...

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Q: what happens when an executor keeps creditor accounts open beyond death for personal use?

1 Answer | Asked in Probate for Texas on Feb 6, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
You can ask for an accounting of the estate and if he is found breaching his fiduciary duty, he can be liable for the damage he has caused to the estate and be removed as an executor.you should speak to an attorney to discuss further.

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Q: Joint ownership of man and wife purchased in 2006.Both weredivorced w / children. Wife passes.What family hasto probate?

1 Answer | Asked in Probate for Texas on Feb 6, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
Your question is very unclear. Please repost and explain what you are looking for.

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Q: i have a probate question

1 Answer | Asked in Probate for Texas on Feb 6, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
That depends on whether there is a will, whether it was her homestead, who the title owners of the house was, what type of deed the house is under and so many other factors. It is hard to say what's the best way to approach it without knowing further. You should sit down with a probate attorney to discuss your option. One thing for sure is something has to be done or else you will never be able to sell it.

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Q: When doing an I & A do you have to list cars that are in the surviving spouses name only?

1 Answer | Asked in Probate for Texas on Feb 10, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
That depends on whether it is community property or wife's separate property. If community property then husband owns half so yes list it. If not then no need to list

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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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