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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: AUNT IS TRUSTEE / EXECUTOR OF ESTATE. I AM NAMED AS A BENEFICIARY. HOW LONG MUST I WAIT BEFORE RECIEVE MY PART
Kyle Robbins
Kyle Robbins 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... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: My father committed suicide in 2006 & left No will how can we get my moms name on the deed or sell it?

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

Kyle Robbins
Kyle Robbins 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... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Probate for Texas on
Q: person ùwhom deliberately distroys a persons will still eligible to become heir after it was valdated they burned the wi

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 disqualified... Read more »

Kyle Robbins
Kyle Robbins 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... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: I need an authorization for my granddaughters estate although she had no estate or bills or amounts due for w-2s

She had no home, vehicle, or money in a bank account.

Kyle Robbins
Kyle Robbins 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.

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3 Answers | Asked in Real Estate Law and Probate for Texas on
Q: My mother passed away 12/29/2016, my sister is the executor of her will. She refuses to finalize the estate.

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... Read more »

Kyle Robbins
Kyle Robbins 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 probated... Read more »

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2 Answers | Asked in Probate for Texas on
Q: Small estate affidavit question

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?

Kyle Robbins
Kyle Robbins 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... Read more »

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