Midland, TX asked in Probate for Texas

Q: Questions about a small estate Affidavit

My mother died about 6 months ago. Three brothers including myself. One brother is in prison. I can send the required documents to him in prison, and he is able to have them notarized. Should I use his home address, or his prison address on the form. What about his phone number. Should I use the prisons?

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

A: My condolences on the loss of your mom.

A Small Estate Affidavit can be much trickier than it seems. I've seen too many denied for simple mistakes and you don't get the filing fee back. I suggest you work with an attorney and you should be able to find one for a reasonable fee.

I suggest using the address that is his "permanent" address and a phone number where he can be reached or through a family member's phone.

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