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3 Answers | Asked in Probate and Estate Planning for Texas on
Q: Texas situation mother deceased October 2022, she has Trust handled by attorney in SA. Cannot find her Will. What to do?
Hunter Reed Sargent
Hunter Reed Sargent
answered on Feb 16, 2023

I'm sorry to hear about your loss. If your mother had a trust, it is likely that the trust will govern the distribution of her assets rather than a will. If you can't locate the attorney who drafted the estate plan then you'll want to contact a local attorney as soon as possible to... View More

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Can an executor of a will change it after the person dies in Texas...

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

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

No, an executor of a will cannot change the terms of the will after the person who made the will (the "testator") has died. The executor's role is to carry out the instructions and wishes of the testator as expressed in the will.

If you believe that the executor has changed...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My mom has separate and community property, where would her medical debt be paid out from.

She was married for 4 years but at here job for 17 years 13 years is separate property and the other 4 was community but during the last year she accumulated medical bills so I’m trying to see if her husband would have to pay from his community property or it would come out both community and... View More

Hunter Reed Sargent
Hunter Reed Sargent
answered on Feb 16, 2023

In general, if your mother incurred the medical debt while she was married, the debt may be considered "community debt". This means that the debt would be paid out of the community property, which includes property that was acquired during the marriage.

However, if the medical...
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