In order for your assets to go to a specific person, you need a valid Texas Will to handle your probate assets, or you need to name that person as the beneficiary on the assets/accounts for non-probate assets.

Failure to do do either of those may give others a right to those assets, or... View More

Yes, in Texas, if you die without a Will, an Attorney Ad Litem (AAL) is required to be appointed by the Judge. The AAL's job is to represent any unknown or incapacitated heirs. The AAL will research the decedent's personal and family history and speak with family and at least 2... View More

Unfortunately, after someone dies, their power of attorney is no longer valid. So, you cannot sell your dad's house using his now invalid power of attorney. You will need to contact a probate attorney to discuss your options.

Until you are appointed as the executor you are not required to give anyone a copy of the Will. Until you are appointed, you really have no legal authority to handle any aspect of her estate; a Will is just a piece of paper until the Court rules it is a valid Will and admits it to probate.

As a POD beneficiary, you are only required to share those specific funds with any other named POD on that account. If you are the only POD beneficiary, then you are not required to share those funds with anyone else because that account passes outside of the Will to the named beneficiary(ies) on... View More

Generally, a Will needs to be probated within four years of the Decedent's death. Until a Will is probated, the named executor in the Will has no powers to administer the estate. The named executor must first qualify to serve as the executor and be appointed as the executor by the Judge. A... View More

Briefely:

An Affidavit of Heirship is used when there is no Will, filled out/completed by two disinterested witnesses, and then the affidavit is filed with the real property clerk. The affidavits are used to transfer property to the rightful heirs after the owner's death.

An... View More

It sounds like an attorney is going to be needed. It's unfortunate when siblings are at odds with each other, but it happens. The one named as the executor should start with hiring an attorney. The probate attorney can help direct the process in the right direction.

I am not sure what you are asking, but, if you are asking if an attorney can be designated as an executor under a Will, the answer is yes, but you would want to ask that attorney first if he/she would agree to serve as the executor. Furthermore, you would always want to have an alternate executor... View More

Has there been an extension granted? If not, under the Texas Estates Code, any person interested in the estate can ask the Court to to cite the personal representative and the Court could possibly fine the personal representative up to $1,000.00, unless the personal representative can show the... View More

It depends if your spouse had a valid Will. If he did not, his estate would pass through the intestacy laws of Texas, and that doesn't necessarily mean the surviving spouse would get everything. The type of property (community or separate and real or personal) would dictate who inherits.... View More

Yes, you can file the Will for probate but there may be other probate options available to you, depending on any other property or assets that need transferred. I would recommend consulting with a probate attorney in your area to discuss the options available for you.

I would definitely not recommend signing anything until you speak with a probate attorney. Most probate attorneys will offer free 30 minute or 1 hour consultations. You don't want to sign anything until you know exactly what you may be entitled to and potentially relinquishing your rights to.

It depends.

A joint bank account with no rights of survivorship is an estate asset. Some type of probate proceeding will need to be done in order to get access to those funds.

If the bank account has a joint owner with rights of survivorship then the account will not be an... View More

At the time of your dad's death, he owned the real property as his separate property. Your mom would have a life estate, meaning she could live there for her lifetime. Please contact a Texas probate attorney to discuss the details of what a life estate means and the probate process.

You need to find a probate attorney in the county where he lived at the time of his death, and it sounds like the sooner the better. If there was a Will it needs to be probated and the named executor will receive Letters Testamentary. If there is not a Will then you need to file for an... View More

In order to be common law married in Texas you must meet 3 requirements: cohabitate, hold each other out as husband and wife, and agree to be married. You could always sign an agreement stating that you are not common law spouses, having it witnessed and notarized. Your fact pattern is a... View More

Since there is no will, a small estate affidavit may be an option, but there are strict requirements that must be met in order to file this. The other option is filing for Letters of Administration with Determination of Heirship. Since there was no Will the Court must establish who the legal... View More

Texas does allow for a holographic Will. A holographic Will allows for the Will to be written "wholly in the testator's handwriting" and is not required to be attested by subscribing witnesses, but must be signed by the testator. Texas Estates Code Section 251.052. If you have a... View More