Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Estate Planning Questions & Answers
2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Can a will be probated 15 years after death with a life estate involved?

My son was granted a life estate over his father's estate in the will. However, the will was not probated, and it has been 15 years since my husband's passing. There are other siblings involved as well. All of the assets in the estate are still available and intact, and there have been no... View More

Isaac Shutt
Isaac Shutt
answered on May 16, 2025

Assuming your Husband residing in Texas, the general time limit for probating a will is four years. However, there is a special type of probate (called "muniment of title") that can be initiated after four years. Most Texas courts will allow probate as a muniment of title beyond four... View More

View More Answers

2 Answers | Asked in Probate, Real Estate Law and Estate Planning for Texas on
Q: How to sell property with title issues as sole beneficiary in TX?

I'm trying to sell my deceased mother's house in Collin County, TX. I am the sole beneficiary listed in her will and trust, and also the executor. The title company requires an heirship affidavit, but I can't find 2 people who knew her within the last 10 years to sign it, and there... View More

Isaac Shutt
Isaac Shutt
answered on May 13, 2025

As a Collin County Probate Attorney, I can say that Collin County Probate Court is often thought of as one of the fastest and easiest probate courts in the entire State of Texas. So, that's really good news!

If the deed to the house shows that the house is already legally owned by the...
View More

View More Answers

4 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate and Personal Injury for Texas on
Q: Am I liable for nursing home charges for my deceased mom in Texas?

I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on May 10, 2025

No generally you don’t owe anyone debts incurred by your mom. The only concern I would have is if upon admission you inadvertently signed some document accepting liability. I would request that the nursing home send you copies of any document you signing allegedly guaranteeing payment. If they... View More

View More Answers

4 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate and Personal Injury for Texas on
Q: Am I liable for nursing home charges for my deceased mom in Texas?

I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More

Isaac Shutt
Isaac Shutt
answered on May 10, 2025

If you didn't sign anything agreeing to become personally liable, then only your mother's Estate is liable. You don't have to talk with them. If you end up doing a probate of your mother's Estate, then your probate attorney can advise you on how to correctly deal with creditor... View More

View More Answers

4 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate and Personal Injury for Texas on
Q: Am I liable for nursing home charges for my deceased mom in Texas?

I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More

John Michael Frick
John Michael Frick
answered on May 12, 2025

Only if you agreed to be personally responsible for such charges.

Your mother, or her estate now that she is deceased, ought to be responsible for such charges. The personal representative of her estate should have paid any of those expenses before distributing any of your mother's...
View More

View More Answers

2 Answers | Asked in Divorce, Estate Planning, Probate, Real Estate Law and Family Law for Texas on
Q: What are my rights to protect my interest in the house in Texas, promised to grandson?

My wife and I have been married for 24 years, living in her original house in Texas. Her only daughter passed away 8 years ago, leaving two children. One of these grandchildren, who lives with his father in Denver, CO, is trying to claim the house after my wife's death. There is no will, and... View More

John Michael Frick
John Michael Frick
answered on May 8, 2025

It is unclear from your question what interest in the house you are trying to protect. You do have what are called "widow's rights" which arise regardless of your gender.

A surviving spouse has the right to use and occupy the homestead (family home) for their lifetime,...
View More

View More Answers

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: Can I get legal aid for muniment of title filing in Texas?

I have my mother's will and need to file it to change the name on the property. I can't afford an attorney, but I need to obtain a muniment of title. Can I apply for legal aid to help with this process?

Isaac Shutt
Isaac Shutt
answered on May 8, 2025

You can definitely apply for Legal Aid. In our area, that would be Legal Aid of Northwest Texas. If you don't qualify there, reach out to attorneys in your area who focus on probate in Dallas County. The focused attorneys may cost less than a general practice law firm. In fact, many... View More

View More Answers

Q: As a widow, am I entitled to royalties from my late husband's licensed patents?

I am the widow of an inventor who had numerous utility patents. He passed away unexpectedly at 55, and we were married for 15 years. I was unaware of these patents until eight years after his passing. His patents are licensed, and he told me we would be rich, but I didn't understand what he... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

Whether you are owed royalties depends on the language of any agreement signed by you or by your deceased husband permitting others to use the inventions he patented. If someone is using the patented inventions without permission, what constitutes a fair royalty can be one measure of any damages... View More

View More Answers

2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Is it valid for executor to keep sale proceeds without informing siblings?

I am dealing with an issue where the will specifies an even division of my deceased mother's estate among siblings. However, the executor has failed to inform us about the sale of the property and is keeping a large portion of the proceeds. We have raised concerns, but the executor refuses to... View More

John Michael Frick
John Michael Frick
answered on May 2, 2025

The executor will have to report the sale of real estate to the probate court and account for the proceeds of the sale. The heirs can obtain this information from the papers the executor must file with the probate court.

View More Answers

2 Answers | Asked in Probate, Real Estate Law, Energy, Oil and Gas and Estate Planning for Texas on
Q: Help with title issues, life estate, and mineral rights royalty in Texas probate.

My wife passed away intestate in California, and a probate was filed there, along with an ancillary probate in Texas. There is uncertainty regarding the life estate and deed recording. Mineral rights royalties from an oil and gas company have been set up with my name and three children from my... View More

Isaac Shutt
Isaac Shutt
answered on Apr 27, 2025

Yes, you'll likely end up wanting an estates lawyer to review your documents and to advise you. However, if it were me, I'd reach out to a landman first. This may help you get even better results, faster, at a lower cost. Then, after a landman weighs in, then you can get an attorney to... View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Can the executor of an estate simply not dispense inheritance to a certain beneficiary should he so choose?

How is it insured all beneficiaries named have received their inheritance as per the wills dictation

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 22, 2025

If, after a reasonable time, the court-appointed executor refuses or delays distributing proceeds to beneficiaries named in the will, the court may order them to distribute or may remove them and replace them with another suitable executor. This will typically require the beneficiary to file a... View More

View More Answers

3 Answers | Asked in Probate, Estate Planning and Real Estate Law for Texas on
Q: How to administer husband's estate with no will in Texas?

My husband passed away without a will. We are trying to administer his estate, which includes a primary home (listed as 'a married man'), a boat, two cars, and ranch land in another county in Texas. His daughters, one from a previous marriage and our daughter, are adults, and we are all... View More

Isaac Shutt
Isaac Shutt
answered on Apr 21, 2025

This is actually pretty straightforward, if all three of you are on the same page. You'll want to get a probate attorney to assist you with the probate process called "determination of heirship with independent administration". This will result in the appointment of an independent... View More

View More Answers

2 Answers | Asked in Estate Planning for Texas on
Q: How can a father exclude children from his will in Texas?

In Texas, my father is in the process of creating a will. He has two adult children from previous marriages, and he is adamant that he does not want them to receive any of his assets when he passes. He is still married to my mom, who sometimes overspends, and he wants me to be the executor and take... View More

John Michael Frick
John Michael Frick
answered on Apr 21, 2025

He can acknowledge the existence of his two adult children in his Will and leave them nothing.

Be aware that as executor of his Will who do not have the discretion to withhold assets from your mom if she is the beneficiary of his Will. You will have a fiduciary duty upon his death to pay...
View More

View More Answers

Q: Challenge POA legitimacy and estate distribution among siblings in Texas.

In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More

View More Answers

2 Answers | Asked in Probate, Estate Planning and Tax Law for Texas on
Q: Do coins get a step-up in cost basis if sold by the executor before estate distribution?

I'm the executor of a testate estate with a probate court providing letters of testamentary. The estate includes gold half eagle coins minted in 1880, 1901, 1911, and some silver coins. Before distribution, does selling these coins by the executor affect the step-up in cost basis?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 2, 2025

Generally, anything that passes upon the death gets an adjusted basis. So, as the executor, your legal requirement is to distribute the decedent's property pursuant to his/her will. For anything substantial, I would recommend that you provide a detailed inventory with as much detail as... View More

View More Answers

3 Answers | Asked in Estate Planning, Civil Litigation and Criminal Law for Texas on
Q: Guidance on petition structure for fiduciary duty breach in TX.

I am the successor durable power of attorney (SDPOA) for my grandmother. The previous SDPOA, her daughter, misapplied $48,000 from my grandmother's bank account and refused to provide an account of her actions despite multiple verbal and written requests. Adult Protective Services validated... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2025

Because you are filing suit as a fiduciary for your grandmother, you must hire an attorney under Texas law.

Unless a fiduciary is also a licensed attorney, filing a lawsuit pro se as a fiduciary constitutes the unauthorized practice of law and will not be allowed by the court.

A...
View More

View More Answers

3 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: Steps to verify ownership from ladybird deed after father's passing in Texas.

I'm named as a beneficiary on my father's ladybird deed, along with my sister. The deed has been recorded. My father has recently passed away, and the property is neither occupied nor leased. There are no outstanding debts or taxes, and no restrictions or conditions on the deed. What... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Mar 26, 2025

First, I'm sorry to hear about your father's passing. You and your sister are now owners. For clarity with the title, you may want to file an affidavit of death with the real property records in the County clerks office. You need to decide how you wish to handle the property. If you plan... View More

View More Answers

2 Answers | Asked in Estate Planning, Divorce, Contracts and Civil Litigation for Texas on
Q: How can I contest a divorce and asset transfer done without notice while I was overseas?

I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Do deceased brothers' children inherit part of estate with live cousins in TX?

I am looking for guidance on inheritance matters in Texas. There are three cousins who are next in line for an estate. Two brothers who were originally in line for the estate have passed away. One of the deceased brothers had a wife who has also passed away and has two surviving children. The other... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Mar 20, 2025

You should consult with a probate attorney who practices in the county where the decedent died. An intestate (without a will) probate can be opened in the County. The rightful heirs will be determined, and the administrator will distribute the proceeds.

If the two brothers have passed,...
View More

View More Answers

2 Answers | Asked in Divorce, Probate and Estate Planning for Texas on
Q: How can I secure my interest in a trust from the Harber estate after my father's passing?

Following my parents' divorce, it was stipulated in the divorce papers that I would receive a 1/4 interest in anything my father received from the Harber estate. My father, who had inherited a trust alongside his sister, has since passed away, as has his wife. I have the divorce paperwork, but... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

You should probate your father's Will. In accordance with the divorce decree, he should have left you the 1/4 interest you are entitled to in his Will. If you cannot locate your father's Will, you can still probate your father's estate as one of his heirs at law and argue that you... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.