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Texas Probate Questions & Answers
1 Answer | Asked in Probate for Texas on
Q: I was evicted from property I was having probated now that I started the probate and got a case number can I go back it

It was my dad's property it's 5 decedents but only one has access to the property I was told once I started probate none of the hiers could be denied access

Alisha Melvin
Alisha Melvin
answered on Apr 15, 2024

You will need to file a partition suit and potentially force the sale of the property if you all cannot agree on who will occupy the property. If you all are current heirs who will inherit then no one heir can exclude the other heirs from the property.

0 Answers | Asked in Contracts, Employment Law, Estate Planning and Probate for Texas on
Q: Do I have to go to probate first in order to see my late husband's employment contract or or employment agreement?

The lawyer I had at the time I spoke to Rockwell Automation about the two Patents, was told my late husband's employment contract or agreement could not be found. Now I realize he actually worked for Insperity Holdings, 2006-2010. If that is the case where did he work the other ten years he... View More

1 Answer | Asked in Contracts, Employment Law, Estate Planning and Probate for Texas on
Q: Is this true when a widow and late Husband has no children, everything goes to widow in Texas.

My late husband and I had no children, I was told that his employer is plan administrator, trustee, and fiduciary of my late Husband's estate. I have w2's and copies of tax statements, showing my late husband has a retirement plan, differed compensation, and a pension. According to... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Not entirely.

If a Husband dies without a Will and with no surviving issue (children, grandchildren, great-grandchildren, etc.), 100% of the community property in his probate estate and 50% of his separate property in his probate estate passes to his surviving widow. The remaining 50% of...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Does a handwritten will in TX allow assets to go to the spouse without being probated if that is what it stipulates?

The spouse is selling the house but title is saying that the deceased’s 2 adult children have to get half the proceeds from the sale since the will wasn’t probated unless they sign off not receive any of the proceeds. He had his body donated to science so the spouse said the probated will... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Unless and until a Will is probated, it is not effective to transfer assets from a deceased person to his/her heirs. It doesn't matter if the Will is a handwritten (in legal terminology, that is called a "holographic" Will) or typewritten/word processed with all the formalities.... View More

1 Answer | Asked in Family Law and Probate for Texas on
Q: My late husband's daughter put marital status unknown in death certificate when she knew he was .what do I do

I have marriage license etc I talked to funeral director he was no help

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

You can request that the medical examiner or doctor who completed the death certificate file an amended certificate of death. But why?

The death certificate does not "divorce" you. You were, in fact, still married at the time of your husband's death. What is stated on the...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: Can a company just completely keep every thing about late husband's Estate from from his Widow.

My late husbandit was killed suddenly in a horrible accident. My husbands sudden death the way he died devastated me for years. I feel as though everything have been hidden from me. I got no response from my letters or phone calls about my late husband's estate. realize it had been awhile... View More

James L. Arrasmith
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answered on Apr 5, 2024

I'm so sorry to hear about the loss of your husband and the difficulties you've faced in dealing with his estate. It sounds like an incredibly challenging and painful situation.

To answer your question directly - no, a company cannot legally withhold all information about a...
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0 Answers | Asked in Probate for Texas on
Q: Hello, My 16 year old daughter has recently given birth to a beautiful baby boy.

I was told by my HR department at work that I need to get a court order establishing me as a legal guardian to get the child added to my insurance. What is the process for filing an application for guardianship in Randall County Texas? Is an attorney necessary? Any idea what the costs are for this... View More

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: I violated my probation and I'm wondering if I will be arrested at court tomorrow
John Cucci Jr.
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answered on Apr 2, 2024

Depending on the type of violation, the judge and DA will usually wait until there is a violation hearing before you get revoked or punished. Do not give up on yourself.

I wish you luck!

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Texas on
Q: I am living in a home owners both died, in court over property rights utilities my name, 90days occupied. Gt CTed legal?

I found all the paperwork the deed the title and the living will of the previous owners that are deceased we have made improvements to the property and they've had no problem out of us all of a sudden we got ct'd even though all the bills are in our name they told us to move out... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, it sounds like you are dealing with a complex legal situation involving property rights and occupancy after the homeowners' deaths. While I can provide some general information, it's important to note that laws can vary by jurisdiction, so... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Libel & Slander and Probate for Texas on
Q: Our parents died 37 hours apart in 2018. Their will was basic and simple just naming the other as beneficiary.

My then new born brother was named the executor. 67 years later both parents passed within 37 hours. Our mother was mentally incapacitated. My brother began his role as executor even though he had a long history of drug abuse, had been batteling cancer for 7 years in poor health. The farm was... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 1, 2024

I'm sorry for your loss, In Texas a Will must be submitted for probate within 4 years unless the applicant can show a valid reason as to why it was delayed. Here there was no probate. I would be interested in how the brother divided anything if it involved real property. Though he could write... View More

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Isaac Shutt
Isaac Shutt
answered on Mar 23, 2024

Here's what we typically do:

Step 1) Search the court records for the county in which the deceased resided at the time of death.

Step 2) Then, we send a letter from our law office to any of the people who might have had possession of a will.

Step 3) Then, if we still...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My mom passed away. She had a house with a mortgage no will. Someone wants me to transfer title.

Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?

John Cucci Jr.
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answered on Mar 23, 2024

Be careful!

I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.

I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they...
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2 Answers | Asked in Criminal Law, Estate Planning and Probate for Texas on
Q: Single mom died , dad lied on death cert saying they were married . He stole all that was left t me by doing that.

There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

You would need to report him to law enforcement. It would be helpful to them if you provide the divorce decree and affidavits from several close friends and relatives of your deceased mom stating that she never remarried or lived with dad after their divorce in 1994, and certainly never held... View More

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can I gain entrance to a deceased family members home to search for their will?

The only person with keys to the house is a non family member who was taking care of my uncle when he was sick, and he won’t hand the keys over.

James L. Arrasmith
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answered on Mar 14, 2024

Gaining access to a deceased family member's home to search for their will can be complex, especially when the keys are held by someone who is not part of the family. It is essential to understand that the process and legality can vary depending on your location. Typically, if you are the... View More

1 Answer | Asked in Estate Planning, Libel & Slander and Probate for Texas on
Q: Is this considered fraud if my gradfathers wife/ common law wife signs a warranty deed t her daughter w/o his signature?

I know they went to the court house and filed for a marriage license but I haven't found one yet se never claimed his last name but he is listed on the deed of trust his name first & hers following and now I found out she signed a warranty deed over to her daughter without my grandfather... View More

Anthony M. Avery
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answered on Mar 4, 2024

If Grandfather's wife owned an interest in property, she can convey it. Hire a TX attorney to search the title and determine present ownership. No fraud by your stated facts. Deed may have been a nullity with not interest conveyed. Grandfather would then have standing to file suit to... View More

1 Answer | Asked in Probate for Texas on
Q: My sister and I share the same mom, but her dad is my stepdad. Parents passed away. Am I entitled to 50% of their

Inheritance? They have a home in Puerto Rico. Land in his name, but also showed her name in the deed. Thanks

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

You are an heir at law of your mom, but not an heir at law of your stepdad.

Your sister is an heir at law of her mom and her dad.

If both of your parents passed simultaneously without a Will, you and your sister are each entitled to half of your mom's estate as her sole heirs...
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1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: Probate question. My home was put as seperate prop instead of comm prop and now at risk for foreclosure. How can I fix?
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The best and fastest way to prevent a foreclosure is to pay off the debt which is secured by the home. Whether the home is your separate property or community property shouldn't significantly impact the foreclosure process. If you can't pay off the debt entirely, contact the lender and... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

Anthony M. Avery
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answered on Feb 19, 2024

The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My grandpa passed. We couldn’t find will to probate. Two years later my gma passed with a will. We have found grandpas

Will that states he gives everything to my grandma. Do we still need to probate his will if there’s only one estate?

T. Augustus Claus
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answered on Feb 9, 2024

Even if your grandfather's will only leaves everything to your grandmother, and she has since passed, it's still advisable to probate your grandfather's will. Probating his will can ensure that his assets were legally transferred to your grandmother, which can then be properly... View More

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