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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?
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... View More 
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
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
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
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
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?
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... View More
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
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... View More
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
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... View More
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
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
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.
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
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... View More
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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... View More
Married only to each other and 5 biological children together.
answered on Dec 30, 2023
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
I am concerned about whether my spouse can claim half of my inheritance money, which includes insurance money and a bank account willed to me, once my parent passes away. We don't have any prenuptial agreements, and my financial obligations have been separate from my spouse, who is financially... View More
answered on Mar 7, 2025
Inheritance is separate property when inherited. However, some people run awry when they blend their separate property with community property. So, keep your separate property separate!
Dad died in 2022. Executor appointed 19 months ago. Small estate-less than $250k. Last asset was sold 8 months ago. Final tax refund received by executor 6 months ago. There is nothing else in the estate to administer-executor agrees to that fact. I have asked several times for her to... View More
answered on Jan 14, 2025
Yes. I'd suggest getting an attorney's help to send the executor a Demand for Accounting. After two years, your attorney could also help with the filing of a Petition for Distribution.
You don't have to have an attorney to do the above, though I think having an attorney... View More
answered on Dec 20, 2024
It depends on whether it's a dependent or independent administration. If it's an independent administration, 99% of the time, there won't be an order to close the administration. If it's a dependent administration, then the Estate's personal representative can close the... View More
I filed affidavit and it has been filed thru deeds office. I have a buyer for the property and the title company wants to give half of sale to his living father. My husband has put property in his will to me, even though it wasn’t in his name.
answered on Oct 12, 2023
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
The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.
answered on Sep 14, 2023
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
There is no will. His late wife has 2 children and my dad had 2 how do we go about settling property percentages, are there percentage laws for this.
answered on Aug 8, 2023
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
My sister has made it a point to hire her family friend to probate the will and didn't include me for some reason. Is there something for her to gain by doing this? And I have yet to receive a copy of the will. I do know that she is entitled to half of everything and the other half is to be... View More
answered on Aug 3, 2023
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
hello i need to know what my next move needs to be my mother passed 4 years ago and the property is in the estate of kathy but in c/o michael denson (myself) and my wife that i have been seperated with for 10 years is thretning to take my property my mother left a written will that is no where to... View More
answered on Apr 30, 2023
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
I am in the San Antonio area and the estimated time for the house to close is May 2023. Is this something you can assist with? If so, what is the estimated cost?
answered on Apr 6, 2023
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.
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