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When my husband died, we’d been separated for several years. His family informed me of his death and said his will stated that everything went to his brother. Can I be totally disinherited or do I have any legal claim to part of his estate?
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answered on Oct 22, 2020
I’m sorry to hear you are going through this, it’s a tough situation from the sound of it.
The good news is you have full legal rights as a surviving spouse, separation has no effect. You have a right to 50% of everything you and your husband own (including any real estate). You... View More 
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answered on Feb 19, 2019
Smaller estates are usually settled within a year in Texas, especially when there are little or no debts. The larger and more complex the estate is, that usually means the longer it will take before the executor can settle the debts and make the distributions. The reason executors often wait... View More
We have paid the mortgage prior to his suicide & have continued to do so for 13 years. My father left no will. He killed himself in this house after trying to murder my mother in front of me so we both struggle with PTSD & its not a healthy environment for us. Please advise
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answered on Feb 11, 2019
If your father only had children with your mother, then your mother can have an Affidavit of Heirship prepared so she can sell the house (assuming they were married). If he did have children from a previous relationship, then you might still be able to do this, but it gets more complicated because... View More
My uncles girlfriend not wife and his biological son deliberately destroyed the will. They both have stole, sold and have given away my uncles belongings and they are both still on the list for becoming heir. Question is Shouldn't they both be held responsible for the wrongdoing and... View More
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answered on Feb 7, 2019
If they deliberately destroyed the will, then legally speaking that was not a successful revocation of it. In Texas you can still have witnesses who knew about the will and its contents testify to prove that it existed and should still be carried out. This is a complex issue and should be handled... View More
She had no home, vehicle, or money in a bank account.
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answered on Feb 7, 2019
There may be no reason to open up a probate case if your granddaughter had no assets. I would need more details to answer this for sure though.
In the will, my mothers house has all the siblings as heirs. My sister wants it for her daughter. So she refuses to finalize on the estate until they can financially afford it, which leaves the house empty for the last 2 years. What can we do or say to get things finished? According to the will... View More
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answered on Feb 7, 2019
You can ask for an accounting of the estate since it's been more than 15 months since she was appointed (assuming she has been), that gives the executor 60 days to reply and usually gets the ball rolling again. Speak with a probate attorney about how to do this. If the will hasn't been... View More
When presented with a small estate affidavit, does a bank have a duty to disburse funds equally to all heirs, or does the bearer have the same authority as the decadent?
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answered on Feb 7, 2019
Typically the bank will only distribute your share to you, and the other heirs will have to go in with the small estate affidavit copy to withdraw their portion. However, I have known banks to distribute the entire account to an heir who brought in the affidavit, so you never know. It depends on... View More
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