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Texas Probate Questions & Answers
1 Answer | Asked in Probate, Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

Houses aren't probated. Estates are probated.

A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.

When your F-I-L died, your mom owned 50% as her community property and...
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0 Answers | Asked in Elder Law, Federal Crimes and Probate for Texas on
Q: A 54 y/o friend who is currently incarcerated in Texas, sent his IRS Covid stimulus of $1,800 home to his mother,

who then gave it to her other son. He (the other son) refuses to send any of that money to my friend in TDCJ. Can he sue? Will a letter from an atty's office suffice as a legal encouragement to pay? Will he have to sue the mother? Since she is Power of Attorney?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Can an independent executor deed the decedent's mineral interests to an heir or do all heirs need to sign the deed?
John Michael Frick
John Michael Frick
answered on Nov 20, 2023

If the decedent's will left the mineral interests to a particular heir, the executor's deed is what is needed.

0 Answers | Asked in Family Law and Probate for Texas on
Q: I have personal belongings in my camper that is in my fiancé's & my name do I have to relinquish a key to his kids?

My fiancé passed away Sept 30, 2023. Our 5th wheel camper is the only thing in both of our names. His son and daughter is his heirs. His daughter is trying to tell me that I have to give her a key to the camper (she's not acknowledged that I have personal belongings in there). When he was... View More

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Texas on
Q: How R assets supposed to be divided? Mom's portion wasn't divided when she died and 2021 dad died, 1/2 bros want $$ now

Dad had 2 kids previously. Mom and dad married had 4 children together. Dad controlled 100% of assets when mom died and the four kids got nothing. When dad died with no will in 2021, the 2 estranged half brothers wanted equal share of all assets. NOW, one of the half bros passed away before... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My Aunt made me the beneficiary on her 401k. She is still married. Will her spouse get her 401k ?

Her spouse left her 30+ years ago, but have not divorced. My Aunt is now deceased.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Nov 2, 2023

First I'm very sorry for your loss and offer my condolences.

Generally, a designated beneficiary on a 401(k) passes outside probate much like life insurance or any other account with a designated beneficiary. It is handled based on a written contract and does not come into probate....
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Mother in law dies without will my husband also dies before affidavit

I filed affidavit and it has been filed thru deeds office. I have a buyer for the property and the title company wants to give half of sale to his living father. My husband has put property in his will to me, even though it wasn’t in his name.

Isaac Shutt
Isaac Shutt
answered on Oct 12, 2023

Assuming that your husband died after his mother, then you really should probate your husband's will. If you don't, then his heirs under Texas law inherit instead....so it's incredibly important for you to get a probate attorney to probate his will pronto. The process can take a... View More

1 Answer | Asked in Family Law and Probate for Texas on
Q: My husband died with no will. He has 2 children from a previous marriage. They are adults. What are my rights?

No property,no homes. Only personal items.

T. Augustus Claus
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answered on Oct 10, 2023

In Texas, when someone dies without a will, state law dictates how their property is distributed. If your husband passed away with no will and had children from a previous marriage, the division becomes more complex. Typically, you'd inherit half of the property acquired during the marriage,... View More

1 Answer | Asked in Probate for Texas on
Q: Can I give a friend power of attorney over me so they can take care of my deceased mom's affairs for me?

My mom recently passed away. She is in Pennsylvania, and I'm in Texas. Me and my fiance don't have the money to go to Pennsylvania to take care of her affairs. It would cause us financial hardship to do so.

A friend told me if I gave him power of attorney over me, he could take... View More

Melissa O'Neal
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answered on Oct 5, 2023

Assuming the probate is taking place in Pennsylvania, I do not know the laws in Pennsylvania but in Texas you could waive your right to be executor/executrix of the estate and allow someone else to do it. I would caution you to make sure that it is someone you are certain you can trust.

1 Answer | Asked in Probate for Texas on
Q: What happens to the house when a spouse passes away without a will and their joint children and stepchildren involved?

Husband and Wife marry and have a son, they divorce and both remarry and each have children. Then they get back together and remarry.

Then the Wife dies without a Will. What happens to the home and other property involved

Melissa O'Neal
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answered on Sep 27, 2023

If the wife did not have a will and the property is community property, the spouse has a life estate interest in the home and owns half of it. His community property half. The other half is owned by the biological or adopted children of the wife in equal parts. The husband should not be able to... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Who could I talk to about a will my father passed and had said a property was left to me but then resulted it wasn't.

I'm afraid that my uncle and his girlfriend might have changed the will.

John Michael Frick
John Michael Frick
answered on Sep 22, 2023

If you think your father’s will was altered, you should hire a forensic document examiner to examine the original Will to determine if there is any evidence of alteration.

You might also ask the attorney who prepared the will if he kept a draft in electronic format and compare the draft...
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1 Answer | Asked in Estate Planning, Civil Rights and Probate for Texas on
Q: Us nysone allowed to kick me out of the house I e lived at fir 22 years after my. Nother passed away and left him the ho

I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 15, 2023

I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough... View More

3 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Q: How would an heir go about addressing a church pastor who took over a deceased loved one's property and assets?

The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.

Isaac Shutt
Isaac Shutt
answered on Sep 14, 2023

I agree with the previous answer. If it's possible the pastor doesn't know about the heir, it could be that the pastor thought the pastor was actually doing the right thing.

Aside from that, you should definitely consult with a probate attorney ASAP. You probably want to file in...
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2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: The lot next to my property was bought by a lady back in ninety three, and she passed away and her son and his brother

Don't have any interest in the property and want to gift it to me how do I transfer title without a deed or will

T. Augustus Claus
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answered on Sep 7, 2023

To transfer ownership of the property without a deed or will, you'll typically need to go through a legal process. Since the previous owner passed away, it's essential to follow these steps. First, you may need to initiate probate court proceedings, especially if the previous owner passed... View More

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1 Answer | Asked in Probate for Texas on
Q: Can I file an Application for Probate Pro Se if my brother and I are co-executors and the only beneficiaries named?

Hello, my brother and I are co-executors and the only beneficiaries in our deceased parents will. They own a stock with Computershare that is now valued at $100k. My father passed first in February 2022 and my mother in this past Feb. She was in the process of getting us named as beneficiaries to... View More

Alisha Melvin
Alisha Melvin
answered on Sep 7, 2023

No you cannot probate pro se. That is not allowed as you are not an attorney or representing yourself but attempting to practice law when representing another or their estate. You will need to hire an attorney to probate the will and it does not appear to qualify as a muniment of title.

2 Answers | Asked in Probate for Texas on
Q: How do I file for conflict of interest in my probate case? No attorney need to move case to another county
T. Augustus Claus
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answered on Sep 1, 2023

To file for a change of venue in your probate case due to a conflict of interest in Texas, you can take several steps. First, review the rules and procedures of the probate court where your case is currently filed. Then, draft a formal motion explaining the conflict of interest and your reasons for... View More

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2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: How do you find if a deed is JTWROS?

A mother and son owned property, both are listed on the deed. Both have now passed away--the mother first over 20 years ago and the surviving owner one year ago. Title company is asking for a new affidavit of heirship (AOH) for the mother, and her deceased spouse. Current AOH for the mother lists... View More

Nina Whitehurst
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answered on Sep 1, 2023

The title company can provide you with a copy of the deed.

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2 Answers | Asked in Probate for Texas on
Q: My mother's will was never probated as she left all to my living father and to the children should he precede her.

Does her will have to be probated?

Melissa O'Neal
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answered on Aug 31, 2023

While it is always best practice to probate a will, her will would need to have been probated within 4 years of her passing. If it has been more than 4 years it is too late to probate her will but it might still be useful for family settlements. If all property is community property and your... View More

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Is it common for a creditor to repossess an item and then additionally withdraw all of the funds from the estate?

My grandpa from Texas passed a year ago. I am the sole beneficiary, but my great aunt was listed as the executor. I am in California and she is in Michigan. I wanted to put myself as executor. A friend of my grandpa’s in Texas misunderstood this and put herself as executor.

My grandpa had... View More

Nina Whitehurst
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answered on Aug 28, 2023

When an item of tangible personal property (such as an RV) that secures a loan is repossessed because the loan is in default, the lender typically auctions the repossessed item and applies the proceeds to the balance due on the loan. Typically the proceeds are not sufficient to pay the balance... View More

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