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Questions Answered by Isaac Shutt
2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Type of will/trust for brother's estate to protect granddaughter.

I'm helping my brother in setting up a will in Texas. He wants to appoint me as the executor and wishes to ensure that the proceeds from the sale of his house and land are placed into a trust for his granddaughter, who is his sole beneficiary. Given that there might be disputes, what type of... View More

Isaac Shutt
Isaac Shutt
answered on May 26, 2025

Definitely some sort of trust. Wills are public record when the person dies. Wills are also easier contest, as opposed to trusts.

There are different types of trusts. The most common type is the Revocable Living Trust. If your brother goes with a Revocable Living Trust, he'd have...
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2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Can a will be probated 15 years after death with a life estate involved?

My son was granted a life estate over his father's estate in the will. However, the will was not probated, and it has been 15 years since my husband's passing. There are other siblings involved as well. All of the assets in the estate are still available and intact, and there have been no... View More

Isaac Shutt
Isaac Shutt
answered on May 16, 2025

Assuming your Husband residing in Texas, the general time limit for probating a will is four years. However, there is a special type of probate (called "muniment of title") that can be initiated after four years. Most Texas courts will allow probate as a muniment of title beyond four... View More

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2 Answers | Asked in Probate, Real Estate Law and Estate Planning for Texas on
Q: How to sell property with title issues as sole beneficiary in TX?

I'm trying to sell my deceased mother's house in Collin County, TX. I am the sole beneficiary listed in her will and trust, and also the executor. The title company requires an heirship affidavit, but I can't find 2 people who knew her within the last 10 years to sign it, and there... View More

Isaac Shutt
Isaac Shutt
answered on May 13, 2025

As a Collin County Probate Attorney, I can say that Collin County Probate Court is often thought of as one of the fastest and easiest probate courts in the entire State of Texas. So, that's really good news!

If the deed to the house shows that the house is already legally owned by the...
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4 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate and Personal Injury for Texas on
Q: Am I liable for nursing home charges for my deceased mom in Texas?

I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More

Isaac Shutt
Isaac Shutt
answered on May 10, 2025

If you didn't sign anything agreeing to become personally liable, then only your mother's Estate is liable. You don't have to talk with them. If you end up doing a probate of your mother's Estate, then your probate attorney can advise you on how to correctly deal with creditor... View More

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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: Can I get legal aid for muniment of title filing in Texas?

I have my mother's will and need to file it to change the name on the property. I can't afford an attorney, but I need to obtain a muniment of title. Can I apply for legal aid to help with this process?

Isaac Shutt
Isaac Shutt
answered on May 8, 2025

You can definitely apply for Legal Aid. In our area, that would be Legal Aid of Northwest Texas. If you don't qualify there, reach out to attorneys in your area who focus on probate in Dallas County. The focused attorneys may cost less than a general practice law firm. In fact, many... View More

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3 Answers | Asked in Probate and Real Estate Law for Texas on
Q: How to remove deceased spouse's name from house deed in Texas?

I need to remove my deceased spouse's name from the title deed of the house we co-owned in Harris County, TX. There is no will or probate involved, but I do have the death certificate and there are no other heirs or interested parties. I want to execute a Transfer on Death Deed in my name... View More

Isaac Shutt
Isaac Shutt
answered on May 8, 2025

You have a couple of main options:

The least expensive option is called "Affidavits of Heirship". Many people use probate attorneys to have these documents prepared. They're fast and relatively low cost. The only down side is that they're not totally ironclad. If you...
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2 Answers | Asked in Probate, Real Estate Law, Energy, Oil and Gas and Estate Planning for Texas on
Q: Help with title issues, life estate, and mineral rights royalty in Texas probate.

My wife passed away intestate in California, and a probate was filed there, along with an ancillary probate in Texas. There is uncertainty regarding the life estate and deed recording. Mineral rights royalties from an oil and gas company have been set up with my name and three children from my... View More

Isaac Shutt
Isaac Shutt
answered on Apr 27, 2025

Yes, you'll likely end up wanting an estates lawyer to review your documents and to advise you. However, if it were me, I'd reach out to a landman first. This may help you get even better results, faster, at a lower cost. Then, after a landman weighs in, then you can get an attorney to... View More

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3 Answers | Asked in Probate, Estate Planning and Real Estate Law for Texas on
Q: How to administer husband's estate with no will in Texas?

My husband passed away without a will. We are trying to administer his estate, which includes a primary home (listed as 'a married man'), a boat, two cars, and ranch land in another county in Texas. His daughters, one from a previous marriage and our daughter, are adults, and we are all... View More

Isaac Shutt
Isaac Shutt
answered on Apr 21, 2025

This is actually pretty straightforward, if all three of you are on the same page. You'll want to get a probate attorney to assist you with the probate process called "determination of heirship with independent administration". This will result in the appointment of an independent... View More

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2 Answers | Asked in Probate and Real Estate Law for Texas on
Q: How do we sell an inherited property in Mineral Wells, TX with one holdout?

My mother, who recently passed away, was left a property in Mineral Wells, Texas, in 'Et Al' with my grandmother's siblings as part of an inheritance. Now, all siblings have passed, leaving a son-in-law, a daughter-in-law, and multiple grandchildren. There is one holdout regarding... View More

Isaac Shutt
Isaac Shutt
answered on Apr 16, 2025

Yep. A lawyer can definitely guide you through this.

Step 1 - The lawyer will look at the real estate record to see what legal docs might be needed.

Step 2 - Depending on step 1, there might be some legal work to complete (such as a probate or affidavits of heirship)....
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4 Answers | Asked in Real Estate Law and Probate for Texas on
Q: Can I force sale of vacant inherited home in Texas?

I am the executor for a jointly owned home where one owner has passed away and the surviving owner is in a nursing home. The house has been vacant for more than one year. One party wishes to sell the property, but the other party is opposed. Can I force the other party to sell the house?

Isaac Shutt
Isaac Shutt
answered on Mar 31, 2025

It's not 100% clear who the "parties" are in your question. If you probate the will of the deceased owner, as the court-appointed executor of the deceased owner's estate, you would have legal authority to deal with that half. The surviving owner is trickier, though. Do you hold... View More

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can I appoint all three sons as executors of my will in Texas?

I want all three of my sons to have an equal say as executors of my will. I reside in Texas and I'm planning to leave my home to all of them equally. Is it possible to appoint all of them as executors, and are there considerations I should be aware of?

Isaac Shutt
Isaac Shutt
answered on Mar 12, 2025

Yes, it's legally allowable. Is it typically recommended by experienced estate planning attorneys? That's a different question...

We typically don't recommend it because it can create disharmony among the children. You're basically asking three people to share one...
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2 Answers | Asked in Probate, Social Security and Civil Litigation for Texas on
Q: Assistance with mom's estate after will destruction by ex-husband.

How can I find a probate lawyer to assist me with my mother's estate? Her ex-husband destroyed her will and hasn't reported it to probate court. He is collecting and using her assets, including her house, car, bank accounts, and cashing her social security payments after her death. My... View More

Isaac Shutt
Isaac Shutt
answered on Mar 9, 2025

The sooner you get to a probate attorney, the better. Even if you don't have the original of the will, the validity and contents of the lost will can be proved by the testimony of witnesses. So, it's great you have witnesses! We call the process "probate of a will not produced in... View More

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: How to transfer ownership of inherited property stated in will without probate in Texas?

My grandmother passed away and left me her home in her will, which directly states the house is mine, and there is no debt to the property. The will did not require probate. I am handling the transfer myself without any legal assistance. What steps do I need to take to transfer ownership of the... View More

Isaac Shutt
Isaac Shutt
answered on Mar 8, 2025

Wills do not have any legal effect until probated (validated by law). For 99% of cases, this seems absurd! However, laws are made for the 1% bad eggs--not the 99% good eggs. There are lots of fake, fraudulent "wills" out there, so the law requires probate to prevent those fake... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: How can I contest a will that was altered to change recipients?

I believe someone changed the original will to designate themselves as the recipient, whereas the original will had other proper recipients. How can I contest this will? I have the original document with the proper recipients listed. What should my next steps be?

Isaac Shutt
Isaac Shutt
answered on Mar 7, 2025

You should definitely meet with an attorney who has probate litigation experience. Don't wait. The sooner you file in Court, the better your odds of success in court. In fact, in the legal field, we call this a "race to the courthouse."

Sadly, we see altered wills fairly...
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3 Answers | Asked in Probate, Adoption and Real Estate Law for Texas on
Q: Does my stepdaughter have right of heirship from home sale proceeds?

My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More

Isaac Shutt
Isaac Shutt
answered on Mar 5, 2025

To answer this question specifically, we'd have to know more. Specifically:

1) The deed to the house matters. If we could see that, we'd know if your husband's estate is even involved. In other words, if you're listed as "joint tenant with rights of...
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2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: I have lived in Texas since 1978. Since I have lived here, i have always used the same address of my first home.

Before my ex passed he filled out a TODD agreement. He left my daughter and I the beneficiarys of the house I lived he and I lived in . All proper notarizings and flings were done., including the affidavit of death.

Just this month, I was married to my longtime boyfriend. Before we were... View More

Isaac Shutt
Isaac Shutt
answered on Jan 9, 2025

I think everything in the above answer is correct, and it answers your question. HOWEVER, you should definitely consider getting a Post-Marital Property Agreement with your new husband.

Your home is your separate property, which means that your new husband wouldn't have any claim to it...
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2 Answers | Asked in Probate for Texas on
Q: My husband died with a will that requested all his debts to be payed on his passing. HIs dad was the executor

step mother co executor. His father passed before my husband. The step mother said she did not want anything to do with anything. The will said he was not married at the time but had a son. My husband did not know he had a son until the boy was 14years old and my husband had cone into an... View More

Isaac Shutt
Isaac Shutt
answered on Dec 18, 2024

It sounds like the "son" was born prior to the making of the will. In that case, the beneficiaries actually named in the will should inherit. You should definitely seek a probate attorney's help, ASAP. There are lots of issues here. If you're listed as the beneficiary in the... View More

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Can I sell my dad's old house after my siblings have past on?

My dad's will left his possession's to 3 of us. My sister past away 10 years prior to my Dad. My brother recently past . My dad's probate was never completed.

Isaac Shutt
Isaac Shutt
answered on Dec 7, 2024

If your sister passed away before your dad, then her share would go either go to her children or to the other named beneficiaries (depending on what the will states). If your brother died after your dad, then your brother's share would go to your brother's estate (in other words, be... View More

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Isaac Shutt
Isaac Shutt
answered on Mar 23, 2024

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...
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1 Answer | Asked in Estate Planning, Family Law, Adoption and Probate for Texas on
Q: My uncle adopted me as his son in 2008 in Turkey. And he was a US Citizen. Now he passed away and his wife kicked me out

J

Isaac Shutt
Isaac Shutt
answered on Jan 28, 2024

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...
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