Lawyers, Answer Questions  & Get Points Log In
Texas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Texas on
Q: Dads will gives estate to mom and then by 3 sons. One son has since passed away. Does his widow have heirship to his?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

It depends on what the Will says. It is common to state that the children or the siblings of a predeceased beneficiary inherit. It is uncommon to state that the spouse does.

1 Answer | Asked in Civil Litigation, Contracts, Estate Planning and Probate for Texas on
Q: Can I sue for my grandmas ashes? Her new husbands family took them when he passed.

My grandma passed (in Texas 2015) first and then her new husband had changed around everything in the will (when my grandma was sick he got her to sign stuff). He cut multiple family members from my grandmas side out and made his son the executor. When her husband passed (in Texas 2017), the son... Read more »

Isaac Shutt
Isaac Shutt answered on Jun 14, 2021

It's definitely worth having free (or inexpensive) consultation with a probate attorney. I'd recommend trying to schedule a meeting with an attorney that focuses on probate and estate planning law.

You would be an heir to your grandmother's estate, so it's important...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Can I give my dad a notice to leave my moms home? She has passed away and left no will but I pay the mortgage.

My mom died last year and left no will. He has created an argument over nothing and feels like he is entitled to everything. He lived with her for a few months last year before he decided that he could no longer care for her and verbally told me I was responsible for her. He decides to come back a... Read more »

Isaac Shutt
Isaac Shutt answered on Jun 11, 2021

Definitely consult a probate attorney. I do think you'll need to involve the probate court so that your inheritance rights are protected. Many probate attorneys offer free or inexpensive consultation meetings.

Your father probably just assumes that everything of your mother's...
Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: I am a co-trustee. The beneficiaries have agreed to forgive a trust loan. Can I protect myself from future litigation?

I am a co-trustee of a trust created by my mother and step father. One beneficiary owed a rather large sum to the trust. The beneficiaries have chosen to forgive this debt to the trust. I'm afraid that in the future they will change their minds and take the co-trustees to court to go after... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 8, 2021

You are right to be concerned. My best advice would be to have an attorney help you draw up an iron-clad instrument for the successor trustee and beneficiaries to sign agreeing and consenting to the forgiveness of debt.

2 Answers | Asked in Estate Planning for Texas on
Q: What is the difference between an Affidavit of Heirship and Application for Determination of Heirship.
Beth Ann Serafini-Smith
Beth Ann Serafini-Smith answered on Jun 3, 2021

Briefely:

An Affidavit of Heirship is used when there is no Will, filled out/completed by two disinterested witnesses, and then the affidavit is filed with the real property clerk. The affidavits are used to transfer property to the rightful heirs after the owner's death.

An...
Read more »

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Parent past away, did not leave a will. What steps need to be done to transfer deed to family immediate family member

There are ten siblings. Can all ten be named on the deed or would it be best to identify one person?

Terry Lynn Garrett
Terry Lynn Garrett answered on May 31, 2021

One of the siblings must hire a local probate lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration. All the others may sign a Distributee's Agreement agreeing to that person acting as administrator with power of sale. After the debts are paid,... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: I. Am listed on my mom's affidavit of heirs.Can they sell the house without me? What can I do since they avoiding. Me
Nina Whitehurst
Nina Whitehurst answered on May 30, 2021

The house can be sold if it is necessary to pay debts. There are other reasons why a house muight need to be sold, such as the will requires it. For a definitive answer tailored to your particular circumstances you need to engage a probate attorney to investigate the matter for you.

1 Answer | Asked in Probate and Estate Planning for Texas on
Q: My grandmother said she put me in her will. After her passing, my Mother and Uncle said there is no will. What can I do?
Nina Whitehurst
Nina Whitehurst answered on May 2, 2021

There is not a whole lot you can do if you cannot locate the original will. Even if you locate a copy of the will, you will have an uphill battle getting it into probate because the law presumes that when an original will can't be found, the testator is presumed to have destroyed it with the... Read more »

2 Answers | Asked in Estate Planning for Texas on
Q: Brother had a will , never filed in court , but was notarized ... will declared he was leaving his estate to his brother

Brothers & sisters ... one brother prediceased him by at least 2 years ... the deceased brother had 1 daughter ... does that daughter get equal share of the estate ?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 28, 2021

Nobody gets anything until a court admits the Will to probate (proving that it was the decedent's Will and was never revoked). Then the language of the Will governs.

View More Answers

1 Answer | Asked in Estate Planning for Texas on
Q: My wife's mother owns the house we live and has said she would leave it to us upon her death.

My wife's mother refuses to get a will saying her credit card debt will prevent us from getting the house. This is our primary residence, can they take the house and put us on the street to pay her credit card debt? The debt is about 12k right now.

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 26, 2021

If she records a Transfer on Death or Lady Bird Deed, title will pass on death free of probate and free of Medicaid Estate Recovery and, very likely, free of everything but property tax liens.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I had a question about an inheritance of a house from a parent.
Teri A. Walter
Teri A. Walter answered on Apr 20, 2021

Unless you post your question, no one can answer it.

Inheritance is either by will, or by intestate succession. Here's a chart that explains who inherits property if there is no will. https://texaslawhelp.org/sites/default/files/texas_descent_and_distribution_chart.pdf

Using...
Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: What all can I know about my deceased Grandpa's settlement? I've already proved I am his heir, so when can they tell me

how much it is, how long this will take, can I get partial now,or anything else I should know??

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 18, 2021

It is not clear what you mean by "settlement." If this is a probate proceeding, the court documents are public. In the US, on average, it takes two years to settle an estate.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I have an aunt who is the executor to my grandfathers will (nonprobated) how can we change the owner of the deed?

Trying to transfer the deed to my grandmothers name because she is still living how do we do that?

Teri A. Walter
Teri A. Walter answered on Apr 14, 2021

The Only way to transfer title to your grandfather's property is to probate the will. The executor, when appointed by the court, will have authority over your grandfather's property, to dispose of it according to the will. Until that happens, no one has authority to sign anything at all... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: How does inheriting a large sum of money work, our lawyer advised he cannot distribute the money for 72 hours

So my husband's lawyer advised the inheritance was deposited into a account set up by the lawyer but the lawyer cannot distribute or transfer to our personal account for 72 business hours. We have never dealt with something like this and I wanted to know if that sounds correct.

Nina Whitehurst
Nina Whitehurst answered on Apr 12, 2021

That's really quick. I would usually require a 14-day hold before distributing funds out of any account that I control.

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: As an hair to an estate, what rights to I have over the administrator of the estate

My father is the administrator of the estate. As an air do I have the right to see all the documents that have to do with the state and bills being paid

Isaac Shutt
Isaac Shutt answered on Apr 11, 2021

You sure do! First of all, you should receive an inventory of the estate's assets within 90 days from the time your father was appointed. If you didn't get that, make sure your father supplies that to you ASAP. Secondly, 15 months after the time your father officially became the... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Identity Theft for Texas on
Q: A friend who's in real estate said he can get us a $2million loan to get me started. What legal actions should I take?

After knowing how good my credit scores are. He then sent me an email to sign.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Why is this posted under the Criminal Law topic? Taking out a loan is not a crime. Do you suspect fraud?

View More Answers

3 Answers | Asked in Estate Planning for Texas on
Q: Can I become executor of estate sell it and then give them their share later? Or what should I do next to take of this?

My mother recently died. She and I were owned property together. Since we purchased the property we each got married. She was separated from her husband for the past three years but never got divorced. I have 2 brothers we are not her husband's children and 1 of my brothers is in prison in a... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 8, 2021

None of you has authority to sell the property at present. Hire a local probate lawyer to help you file an application to administer the estate, sell the property and, after all bills are paid, distribute the net proceeds according to the Texas laws of inheritance.

View More Answers

3 Answers | Asked in Estate Planning and Probate for Texas on
Q: What can be done if executor refuses to probate will in Texas?

The executor doesn’t want to probate the will because he wants to live in the house of his deceased stepdad. He is not paying the mortgage. All beneficiaries listed in the will want to sell the home to close out the estate. We don’t know what to do.

Nina Whitehurst
Nina Whitehurst answered on Apr 6, 2021

Any of the other beneficiaries can open a probate court and petition the court to be appointed executor. The court does not have to appoint the executor nominated in the will if that person refuses to act. If the person in possession of the will refuses to turn it over to the court, the court can... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: No will. Father died & Step-mother living in home. Children due $ upon home sell. Home repairs at the expense of who?

Do the Children have to pay upfront for home repairs prior to sell of home? What if the home never sells.

Teri A. Walter
Teri A. Walter answered on Apr 1, 2021

No, there's no requirement for the children to pay for step-mom's home repairs.

If the property was your father's separate property, the children inherit it, subject to the surviving spouse's life estate. (Meaning she has the right to use the property during her...
Read more »

2 Answers | Asked in Estate Planning for Texas on
Q: If someone is willed an inheritance, will they b required to pay taxes on the money they were willed

I have a document but I cannot figure out how to paste it here. 5hat is the best I could come up with so y'all could view it

https://photos.app.goo.gl/h3rHvB1Lj8b8Vin99

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 30, 2021

Yes. An inheritance is income just like any other income.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.