Colonial Heights, VA asked in Probate for Texas

Q: My husband passed away without a written will; however he verbally expressed his wishes. Is that sufficient?

My step kids and I were witness to his last wishes that I inherit everything, including our jointly owned property. He also expressed this to my daughter, his stepdaughter, during phone conversations. His Illness struck so fast that we didn’t have opportunity to have a written will drawn up and signed. Do I still need to go to probate? How do I get our house turned into my name in order to sell? Help.

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: A Will must be written, signed, witnessed and notarized. If there is no Will, you must hire a lawyer to submit an Application to Determine Heirship and Issue Letters of Administration. Under Texas law, you are not the sole heir if there are children from another relationship. But you and the children can file a Family Settlement Agreement with the Court agreeing that everything will pass to you. If one of the stepchildren does not agree, you still have a right to live in the home for life.

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