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2 Answers | Asked in Probate for Texas on
Q: If a probated will was filed and recorded on July of 2018 can it be protested on April 2019?

Special Warranty Deed has also been transferred

Isaac Shutt
Isaac Shutt
answered on Jun 10, 2019

Yes. You get two years from the date of the original probate hearing to contest the will. It's important to file your contest ASAP, because a lot of the property may get transferred to the beneficiaries named in the "will." So, you want to try and contest the will quickly so you... View More

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2 Answers | Asked in Estate Planning for Texas on
Q: Does a no contest clause in a will cover the executor of the will ?

My step brother is named executor and he had misappropriated some of the assets of before death ( with a POA) I was going to go to court file to have him removed from executor but am concerned about the no contest clause

Isaac Shutt
Isaac Shutt
answered on May 22, 2019

Meet with a probate lawyer ASAP. Many probate lawyers offer a free (or inexpensive) consultation meeting. The wording of the no-contest clause is important. However, and this is probably even more important, the no-contest clause cannot be used as a shield for the executor's wrongdoing.... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Texas on
Q: How do i evict deceased father's live in girlfriend from his home?

My dad passed away today. He has had a live in girlfriend for 9 years. They have separate accounts and not common law. She does help pay for some bills once in a while. How do his kids evict her since the home is 100% in his name.

Isaac Shutt
Isaac Shutt
answered on May 20, 2019

You will need to probate his will first, if he has a will. If he has no will, then you'll need to do a "determination of heirship." Either way, you'll either want or need a probate attorney to assist you.

After the above is completed, you can file for eviction.

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4 Answers | Asked in Estate Planning and Probate for Texas on
Q: My parent died intestate. I’ve been told Texas law allows stepparent to lifetime rights to live in house.

House was in parent’s name only. I was told by atty that offspring heirs get the house after stepparent dies or decides to move out. I looked on property records online & after my parent died, “estate of (parent’s name)” was listed as sole owner, now 2 years later after probate has been... View More

Isaac Shutt
Isaac Shutt
answered on Apr 29, 2019

If you're looking the the tax rolls (the CAD record), then that may be your problem. The tax rolls often merely show who gets the tax bill, not necessarily the true owner. You would need to look at the actual deed record to see if someone filed a deed or something that purportedly changed... View More

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My Dad was an attorney. He passed away. My Step mom forged signature and notaries are her employees. Help!?!?

Filed a first and second codicil. Dofferent language and contradicts his Will.

Isaac Shutt
Isaac Shutt
answered on Apr 29, 2019

You definitely need to talk with a probate lawyer to give some more details. It sounds like you may have a good case for a "will contest." With that type of case, many attorneys describe a "race to the courthouse," which means you have a better case if you act quickly. This... View More

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