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Texas Probate Questions & Answers
1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: What can I do if my mortgage company, Wells Fargo, refuses to remove my deceased husband from title without probate?

My husband passed unexpectedly in December without a will, our home was purchased during marriage and it is our homestead. Both of our names are on the title. We have 2 minor children together, no other marriages and no other children outside our marriage. I filed a heirship affidavit and a small... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 9, 2022

The Deed is different than the Mortgage. There is no need to take your husband's name off the deed if you plan on living there for the resrt of your life. If you want to sell the property, you can manage the name issues at the closing. If there is something else ylou should get back to me.... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Real estate in name of family Trust . Dad who signed is dead. Lawyer disbarred & says doesn't have. Help

Have new income from 1 of properties in trust. Can't open trust account to deposit $ without trust document.

Isaac Shutt
Isaac Shutt
answered on Aug 6, 2022

Do you at least have a copy of the trust document?

If not, it's still okay. In Texas, we have lots of Trust Code that lays out what happens in situations like this. This Code lays out who inherits from a trust in the absence of a written trust document.

If your bank is easy...
Read more »

1 Answer | Asked in Insurance Bad Faith and Probate for Texas on
Q: Life Insur: Insured died in Oct 2021. One of the beneficiaries started the claim process in Jan 2022, but didn't finish

before passing away in Feb 2022. Prudential is telling me (her Executrix) that even though she started a claim and outlived her father, her estate is not eligible for the proceeds because the 1992 policy had an "automatic mode of settlement" that paid only the 3 living persons.

Ross F. Tew
Ross F. Tew
answered on Jul 25, 2022

I expect the answer to your question lies within the language of the insurance policy itself. You would need to meet with an attorney and have him or her review the documents in question. If you are on good footing and the insurance company is in the wrong, then you will probably need to open an... Read more »

1 Answer | Asked in Probate for Texas on
Q: If a benef survived 107 days after her father, but his Will hadn't submitted yet to probate, does her estate inherit her

portion? Father's will says: DEFINITION OF SURVIVAL =Any legatee, devisee, donee, person or beneficiary with respect to all or any part of my estate who shall not survive until ninety (90) days after the date of my death, or until this Will is probated, whichever occurs earlier, shall be... Read more »

Isaac Shutt
Isaac Shutt
answered on Jul 23, 2022

Yes. Since the beneficiary lived more than 90 days, the estate of the deceased beneficiary will receive the inheritance. You should definitely consult with a probate attorney in the area. I say this because whomever is handling the probate of the father's estate may not understand the law,... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Family Law and Probate for Texas on
Q: Can a Estate be over turned ?

my father just died i had to pay all the funeral but my half sister and her oldest sister were given an estate of my child home my mother gave me after she past 12yr ago and i have the first deed when they purchesed it ,after she past my dad was pretty much homless so i let him stay with me and... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 21, 2022

You need to act fast. You should go get a copy of the Estate Paperwork, etc. They may have been required to serve you, and didn't, or created some other legal issue. However, if you do not get it all straight, you may lose anything you should have received. It sounds like you had at least 1/2... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: An Alaska lawyer "forgot" to mail me the $13K trust check from sale of my father's land. Can I file a complaint?

This was excess funds from his land being sold to pay back taxes. I had to hire the lawyer to set me up as executor. His fee came out of the excess funds and he was to then send me a check of the remaining. It had been two weeks since he said the check would be mailed. When I inquired, he said the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 14, 2022

That is possibly embezzlement or conversion by the lawyer entrusted with the sale proceeds. You should report him to the Alaska Bar. Check the internet for the regulatory agency, or call the

Governor's Office for assistance. That kind of stealing makes all real lawyers look bad.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: How do I get unclaimed assets that are pertained to me. I have lost my entire family over a 3 year span

I am from fort worth, and the unclaimed assets are there. However I am currently in tulsa Oklahoma

Isaac Shutt
Isaac Shutt
answered on Jun 13, 2022

It depends on the value of the unclaimed property. If the unclaimed property is just some money that has been deposited with the Texas Unclaimed Funds Registry and it's not very much, you can file a claim directly with the State of Texas Unclaimed Funds Registry.

If it's other...
Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I Remarried my ex-wife. Does the will we had from our first marriage remain in effect ?
Scott D Reiner
Scott D Reiner
answered on Jun 8, 2022

The effect divorce has on an existing will is to read the spouse out of the will. There may be some ambiguity though as, while the law provides for reading-out, it also provides for reading-in in the event of a marriage after an existing will (e.g. unless new will made after marriage that excludes... Read more »

1 Answer | Asked in Probate for Texas on
Q: Do I need to have husband’s will probated?

He died 8-15-21 and did have a will, leaving everything to me. I have ownership of our mobile home, but the land is in this name. I was told by Bell Co. tax office I need to have land in my name. Do I have to have will probated to accomplish this?

Isaac Shutt
Isaac Shutt
answered on May 10, 2022

Yes, you'll need a probate attorney to help you with probating the will. You may be able to do the lesser expensive version of probate called "Muniment of Title", if all you're transferring is the land.

1 Answer | Asked in Family Law and Probate for Texas on
Q: What rights do I have as a "issue" on a will?

My grandmother passed in 2011, then my mother passed away 2013. My uncle is trustee of my grandmothers Will. My grandmother had a property and stated in her Will "Upon the sale and liquidation of the property, all net proceeds shall be paid to my children, and if any should not be alive then... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 17, 2022

Your question does not have enough facts . Please repost with detailed facts so your question can be answered

1 Answer | Asked in Contracts, Family Law, Probate and Estate Planning for Texas on
Q: How do I prove i signed a will under false pretenses ?

Back in October of last year, my partner was diagnosed with cancer, His daughter came to where we reside and had been discussing power of attorney with me and I said yes I would let her be responsible for his healthcare should his condition worsen after his surgery. My partner was at a hotel and... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 14, 2022

Wills can be revoked. The easiest way to revoke them is to get them back and burn or shred them. I suspect that will be difficult to impossible in your case, however, so you will have to use the other method, which is to do new wills that expressly revoke all prior wills. Then entrust them to... Read more »

1 Answer | Asked in Probate for Texas on
Q: In the state of Texas can I be made to get an attorney & go through probate for my birth Mother that died intestate?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 23, 2022

Nobody can be FORCED to administer a decedent's estate. That would be slavery and a violation of the United States Constitution. Usually the next of kin takes on this task, but not always. You may or may not even be considered next of kin if your mother gave you up for adoption. Your facts... Read more »

1 Answer | Asked in Probate for Texas on
Q: My brother died 2 months ago. He has a will and my cousin is the executor as well as a beneficiary and my two grown sons

My cousin will not provide copies of the will to my sons and does not want to probate the will. My brother leaves nothing but personal belongings and a car. The executor says the beneficiaries will be responsible for probation fees up to $10k. This is a plain incontestable will. Nothing specific... Read more »

Isaac Shutt
Isaac Shutt
answered on Mar 17, 2022

Probate does not cost $10k. Typical cost is more like $2k-$3k, at least with our office. You can talk with a probate attorney. Probate is done in the county in which the decedent resided at death. If he died in Hawkins, you could probably get a probate attorney in the Dallas area to handle the... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom passed away Jan 26 2022 ,she didn't have a will,she has 4 children and no spouse ,she owned a home ,do I need a l

She also had over ten thousand dollars in her bank account that my older sister has emptied out excep100 dollars ,can she sell the estate ,do I need a lawyer

Todd Alan Marquardt
PREMIUM
Todd Alan Marquardt
answered on Mar 11, 2022

Yes, you will need an attorney to represent you in Administration and Heirship proceedings. An administrator for the estate would need to be appointed to have the power to sale property. As for the bank account, the account set up would need to be reviewed to see who owed the account. please feel... Read more »

1 Answer | Asked in Probate for Texas on
Q: Can an adjudication of guilt on my record as a felon in Texas mean that I cannot be an Independent Executor?
Paul Premack
Paul Premack
answered on Mar 10, 2022

Flat out "yes". A felony on your record is a disqualification by law, and a court cannot allow you to act as Executor even if you are so nominated in the person's Will.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Texas on
Q: What form can I use for sibling inheritance buyout real estate form

My sister wants to buyout my half of house that we both inherited. What form can I use to put it In writing

John Cucci Jr.
John Cucci Jr.
answered on Feb 25, 2022

I couldn't give you the name of any particular form for the transaction you wish to make with your sibling. There are many issues to consider. Without a full review and search of the records and deeds regarding the property, and the manner in which your parents received the property, I could... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My father just passed away and I am his only biological child. So, in the matter of his belongings/estate there is only

What steps do I need to take?

Todd Alan Marquardt
PREMIUM
Todd Alan Marquardt
answered on Feb 21, 2022

The next step would be to probate his estate so that assets can be transferred. Probate of the estate can go a few ways but generally is the probate of a Last Will and Testament, which is the ideal probate, or by submitting an Application for Administration with heirship proceedings if there was... Read more »

1 Answer | Asked in Probate for Texas on
Q: Does someones belongings inside a home count as part of their estate?

My grandmother died in December of 2020. They had my uncles name put on the house before she died.

He sold the home and threw away everything inside. Does that stuff count towards her estate or no since his name was on the house?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 10, 2022

This question cannot be answered definitively without seeing the actual documents, but usually transfer of real property by deed does NOT convey the contents. So most likely the contents of your grandmother's home were part of her estate.

1 Answer | Asked in Probate for Texas on
Q: My sister is executor of Dads will. She has dementia and has not filed the will for probate . How can I get her removed?

I need help getting her to file the will for probate or removed from executor as incompetent. She doesn’t recognize me has her sister. It’s been 1 1/2 years since Dad died and he had a large estate.

Isaac Shutt
Isaac Shutt
answered on Feb 8, 2022

If she hasn't filed the will for probate, then YOU can. You'll want to get a Texas probate attorney to help you. There is a process for this sort of thing, and an attorney focusing on probate law will definitely know what to do. You should have a consultation with a probate attorney so... Read more »

1 Answer | Asked in Probate and Identity Theft for Texas on
Q: I need a lawyer in an inheritance and identify theft case. So probate and a family lawyer as well
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 27, 2022

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