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

Yes, you should hire a Dallas probate attorney as soon as possible. At a minimum, a probate attorney could research the probate court's records and then make recommendations to you for how to proceed.

If your father had a valid last will and testament, it's possible he gave... View More

It depends on what the wills say. Sometimes wills contains "survivorship" clauses. If there is no such clause, then the default section of the Texas Estates Code says one spouse would have to survive the other by 5 days in order to be considered to have survived. So, under the default... View More

Assuming that your husband died after his mother, then you really should probate your husband's will. If you don't, then his heirs under Texas law inherit instead....so it's incredibly important for you to get a probate attorney to probate his will pronto. The process can take a... View More

I agree with the previous answer. If it's possible the pastor doesn't know about the heir, it could be that the pastor thought the pastor was actually doing the right thing.

Aside from that, you should definitely consult with a probate attorney ASAP. You probably want to file in... View More

Since there's no will, the "heirs at law" inherit. The law calls it intestate succession.

In case you're curious, here's a link to the actual law:

https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm

If the wife died before your dad, then all... View More

This is why you should have an attorney help you. Your attorney could help get a copy of the will AND make sure that the executor follows the law.

Just to do the above, the cost is actually usually pretty low. So, I'd recommend reaching out to an attorney in the area where the... View More

It sounds like the Central Appraisal District ("CAD") lists the Estate as the owner. If your mother's will wasn't probated, schedule a meeting with a probate attorney. Even if you can't find the original of your mom's will, you still need to meet with a probate... View More

Yes, you should definitely get a will and NO you should definitely not get married for the reasons you mention. You should get an attorney prepared by an experienced estate planning attorney. Yes, it will cost a bit of money. However, those it would be SO worth it to have a Will done by a really... View More

YES, the child can definitely file an application for administration. However, now that the child is an adult, there are better options. For one, depending on what assets there are, there may not be a need for an administration. He may just need a "determination of heirship" only. If... View More

I'm sorry you're going through this. This sounds like a nightmare.

Anyway, to answer your question, the HOA fees issue should be specified in the document granting the life estate. So, the deed or trust granting the life estate should specify who is responsible for all of the... View More

The affidavit of heirship would actually probably be cheaper and faster.

So, you COULD probate the will, but it would cost thousands and take months.

I would probate the will if the people who would inherit under the will differ from the people who would inherit without a will.

You should definitely meet with a lawyer with probate experience. Since your mother received the property by inheritance, it is considered separate property. However, the legal presumption is that all property acquired during a marriage is community property. This distinction impacts the shares... View More

Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your... View More

You're still within the four-year timeline for probate, so if there excess funds, I would absolutely probate. Even though probate requires an attorney in most cases, most of our probate clients expect the cost to be much higher than they actually are. The Texas probate process is relatively... View More

If your mother had a Will, then that will goes through probate court. You'll want to have a probate attorney help you, and it may even actually be required. Anyway, find a probate attorney that focuses on probate law in your area, because they tend to do the best job for the best prices.

Yes, you can probate as a "muniment of title". Our law office actually does this pretty frequently.

So, while there is a 4-year limitation on probating a will, there is an exception if you are "not in default" for failing to probate within 4 years. Basically, you... View More

You should definitely schedule a consult meeting with an estate planning attorney to a trust prepared. They can help you by setting up the trust documents prior to the closing of the home, then the title company could deed the property directly into your new trust.

Nope, she is not. The brother's wife is not an heir of your mother. I think the correct heirs would be:

1) You (1/2)

2) Children of deceased brother (1/4 each)

Find a probate attorney in your area to help you. You'll probably be doing a "Determination of Heirship."

Yes, your understanding of those things is correct. I think you are right to be concerned, so you should absolutely reach out to a probate lawyer soon.