Get free answers to your legal questions from lawyers in your area.
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 
J
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 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.
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
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
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
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
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.
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."
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
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... View More
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
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.
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
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.
My mother had land given to her by her parents with the deed in her name. She was given this this land before she married my stepfather. She lived on property with my stepfather who still lives there, which is fine. I just want to make sure we get done what need be as far as deed transfer and also... View More
answered on Feb 7, 2023
You should definitely meet with a lawyer with probate experience. Since your mother received the property by inheritance, it is considered separate property. However, the legal presumption is that all property acquired during a marriage is community property. This distinction impacts the shares... View More
My mothers will made my step father the executor and then it was to be split equally between me and my step sister. After she died he changed the will without my knowledge and totally left me out giving it all to my step sister...not honoring her wishes
answered on Jan 31, 2023
Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your... View More
My father in law passed away 2 years ago. The executor of his estate never filed the will into probate. The only assets left by him were a car and house. Car was repossessed and the house sold in foreclosure auction and there are excess funds. Is there any reason at this point to bother with... View More
answered on Jan 3, 2023
You're still within the four-year timeline for probate, so if there excess funds, I would absolutely probate. Even though probate requires an attorney in most cases, most of our probate clients expect the cost to be much higher than they actually are. The Texas probate process is relatively... View More
answered on Dec 1, 2022
If your mother had a Will, then that will goes through probate court. You'll want to have a probate attorney help you, and it may even actually be required. Anyway, find a probate attorney that focuses on probate law in your area, because they tend to do the best job for the best prices.
My husbands will leaves all property to me. Excluding our home, his estate was less than $5000. He has children from a prior marriage. I am dying of cancer and want to leave the house to my son. Are his children entitled to his half of our home even though his wil leaves it to me and specifically... View More
answered on Nov 7, 2022
Yes, you can probate as a "muniment of title". Our law office actually does this pretty frequently.
So, while there is a 4-year limitation on probating a will, there is an exception if you are "not in default" for failing to probate within 4 years. Basically, you... View More
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.
