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Questions Answered by Isaac Shutt
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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1 Answer | Asked in Probate for Texas on
Q: Husband and wife die within a day, the wills left everything to the other. Is propety divided equally between heirs?

Married only to each other and 5 biological children together.

Isaac Shutt
Isaac Shutt
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

1 Answer | Asked in Probate for Texas on
Q: Can I petition court to force executor to finalize probate case in Texas?

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

Isaac Shutt
Isaac Shutt
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...
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2 Answers | Asked in Probate for Texas on
Q: When is probating a will complete so I can close out the checking account
Isaac Shutt
Isaac Shutt
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

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Mother in law dies without will my husband also dies before affidavit

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.

Isaac Shutt
Isaac Shutt
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

3 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Q: How would an heir go about addressing a church pastor who took over a deceased loved one's property and assets?

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.

Isaac Shutt
Isaac Shutt
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...
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1 Answer | Asked in Probate for Texas on
Q: So my father has passed away and has land in his name only but also has the home on the land in his and his lates wifes.

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.

Isaac Shutt
Isaac Shutt
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...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Q: My sister is the executor/ primary beneficiary of my mother's will. So how can i insure she is true to the beneficiaries

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

Isaac Shutt
Isaac Shutt
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...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: property transfer without will next step

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

Isaac Shutt
Isaac Shutt
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

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2 Answers | Asked in Estate Planning for Texas on
Q: I am in the process of purchasing a new home, and I need assistance to put the house in a trust account.

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?

Isaac Shutt
Isaac Shutt
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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3 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Should I get married or make a will?

I am 36(f) with two children under the age of 18. My assets are worth about 700k. My kids father and I do not have any sort of relationship. If something happens to me before my kids turn 18 my ex there father will have access to everything. My question is this: to avoid my ex getting his hands on... View More

Isaac Shutt
Isaac Shutt
answered on Mar 26, 2023

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

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1 Answer | Asked in Probate for Texas on
Q: In 2000, my brother passed away and had no spouse and only one minor child.

I filed an Application to Appoint Dependent Administrator. The attorney said that since I was not his heir, I could not do it so we filed a nonsuit. The case was dismissed without prejudice but the case still shows as open. Can his child file an Application now that the child is an adult... View More

Isaac Shutt
Isaac Shutt
answered on Mar 21, 2023

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

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Texas on
Q: Is my deceased brother's wife entitled to his share in my deceased mother's estate?

My mother passed. There was no will. My two brothers have also passed. One brother was not married but had two children. The other brother was married with no children. Is my brothers wife entitled to one third of my moms estate? I am in Texas.

Isaac Shutt
Isaac Shutt
answered on Mar 10, 2023

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."

1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: I am a Life Tenant in a home now owned by Texas A&M foundation. Who is responsible for the HOA fees? It's a nightmare.

My own attorney was trying to force me or in her words " strongly recommended" that I sign a very one sided document with TAMU. I refused and at the hearing she let opposing counsel slander and lie to the judge with no objections. I was not included on the Zoom hearing or I would have... View More

Isaac Shutt
Isaac Shutt
answered on Mar 6, 2023

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...
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2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: Is it too late to have a will probated if the person passed away in 2012?

We are trying to sell a home and the home was passed to my family member through a will, but the will was not probated so we will need Heirship Affidavits for everyone, and if we have the will probated, we shouldn't have to go through the Heirship Affidavit process. This is what the title... View More

Isaac Shutt
Isaac Shutt
answered on Feb 14, 2023

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.

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2 Answers | Asked in Probate for Texas on
Q: Mother died without will and had land with deed in her name only, given to her as gift by her parents.

She lived on property with my step father and I understand he is homestead there as long as he wishes which is not a problem. I am just concerned about him possibly giving his portion to his children. My understanding is that anything acquired even during a marriage as gift or I heritance is... View More

Isaac Shutt
Isaac Shutt
answered on Feb 8, 2023

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.

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