Leesburg, FL asked in Land Use & Zoning, Probate and Real Estate Law for Texas

Q: Step mother fails to probate will within 4 years as required in Texas. Was to settle estate now. Wants to use date of

Death as value of house (5 years ago) worth 100k more. Which is the correct number to use? What would the state use if they were to divide property?

1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: It isn't as simple as determining what the value of real property is as a person may have claims for reimbursement, depends on who has rights to property and what type of rights those are, i.e. right of survivorship, life estate, etc. Texas heirship can be difficult to understand in cases where there are children from a previous marriage. It may be necessary to file for a determination of heirship and administration of the estate. A will can be admitted to probate after 4 years under certain circumstances. Even a copy of the will may be filed with an explanation as to why the original isn't filed, etc.

It is extremely important to review the deed to the real property as well. Sometimes, the wording is such that it automatically passes to the surviving person.

I suggest consulting with a probate lawyer in the area where the estate assets are.

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