Temple, TX asked in Estate Planning and Family Law for Texas

Q: Paypal and others asking for legal documentation or a copy of the will that identifies the executor of the estate

My husband died Nov 2020 and I have paypal and other paid subscriptions asking for legal documentation or a copy of the will that identifies the executor of the estate, what do I need to do to get that. My husband did not have any life insurance or major assets other than our home. So there is not anything major I need this document for but companies do request it.

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3 Lawyer Answers
Jaime Victor Papa
Jaime Victor Papa
Answered
  • Estate Planning Lawyer
  • Plano, TX
  • Licensed in Texas

A: Good afternoon, you will very likely need to go to probate court. I recommend that you hire an attorney to help you with the probate process.

In Texas when one one spouse dies with or without a Will, generally the other spouse will have to go to probate court. If you do not go to probate court, there will be a double probate upon your death that may cause issues for your beneficiaries.

For example, I imagine your home is in your husband's name and your name. You will need to go to probate court to move the home into your name entirely if the Will dictates that you are entitled to the home.

Penny Wymyczak-White
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Penny Wymyczak-White
Answered
  • Houston, TX
  • Licensed in Texas

A: You will need to retain a lawyer and go to probate court. If the house is the only asset it should be simple.

Isaac Shutt
Isaac Shutt
Answered
  • Estate Planning Lawyer
  • Richardson, TX
  • Licensed in Texas

A: I agree with the earlier two answers. You're definitely going to want to talk with an attorney who routinely handles estate and probate law. If your husband died with a will, you'll be pleasantly surprised at how inexpensive and fast the process is with a good probate attorney. Even without a will, the process in Texas is much better than most other states.

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