Texarkana, TX asked in Military Law, Estate Planning and Probate for Texas

Q: As a widow of a 100% disabled veteran, I want to know my rights as my husband died without a will.

I went to probate court and they said I needed a bond to become the administrator of the estate, my husband only left a house and we owe 123,000 dollars still. The lawyers don't explain anything and every other thing the want money that I don't have. Please help me

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
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Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Whether you need to go to court to probate your husband's estate in an heirship proceeding or can file an Affidavit of Small Estate (available on your county probate court's website or from the court) depends on what your husband left. In Texas if he left no debts other than those secured by real estate, a home, no more than $60,000 in household goods and personal effects and no more than an additional $75,000 (for example, in bank accounts), you can file an Affidavit of Small Estate for a relatively small filing fee and expect a court order in about two weeks. You can use this to transfer your late husband's property to his heirs. If all his children were your children as well, you are his only heirs. As for VA benefits, you can learn about these at the VA benefits website.

James Norman Willi agrees with this answer

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