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Texas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can an executor of a will change it after the person dies in Texas...

My mothers will made my step father the executor and then it was to be split equally between me and my step sister. After she died he changed the will without my knowledge and totally left me out giving it all to my step sister...not honoring her wishes

Isaac Shutt
Isaac Shutt
answered on Jan 31, 2023

Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom has separate and community property, where would her medical debt be paid out from.

She was married for 4 years but at here job for 17 years 13 years is separate property and the other 4 was community but during the last year she accumulated medical bills so I’m trying to see if her husband would have to pay from his community property or it would come out both community and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

Up to $15,000 of funeral expenses and up to an additional $15,000 of medical expenses associated with your mom’s final illness must be paid out of your mom’s estate as a priority claim before any other debts or expenses are paid.

If you paid funeral expenses out of pocket, you need to...
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1 Answer | Asked in Estate Planning for Texas on
Q: wife of deceased Texas resident refuses to have husband's will be read. Can surviving children request reading instead?

will was filed in Houston, TX Deceased passed away 2 years ago, His wife has exhausted insurance funds

John Michael Frick
John Michael Frick
answered on Jan 16, 2023

The surviving children can obtain a copy of the Will from the probate court and read it whenever and however they’d like to.

1 Answer | Asked in Child Support and Estate Planning for Texas on
Q: Unpaid child support and alimony and assets hiding in the form of Revocable living trust

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 11, 2023

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

- ANSWER: Enforce this judgment.

So he setup a company with his wife as registered agent and owner of the company. His wife is...
Read more »

2 Answers | Asked in Estate Planning, Family Law, Child Custody and Child Support for Texas on
Q: My son's father filed writ of attachment and TRO against me claimig false abuse and neglect. I need help. Idk what to do

He has filed false claims in another state as well and I showed proof of his lies and the state not having jurisdiction. The judge's statement ruling states he frauded himself in that court. That was in Sep. He has brought basically the same accusations it an unknowing judge in Texas and now... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 9, 2023

You need to call legal aide and see if you qualify for a free lawyer

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1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Adult son lived in home when father passed. All was left to son. He refi'd home, but stepmom of 2 mos refuses to leave

Property is in sons name. She says she doesn't have to move out due to widows rights. How is this fair? He wants to marry and have his own wife move in with him. Son is responsible to pay the mortgage but stepmother gets to live there free? Why is the financial burden on the son? She... Read more »

John Michael Frick
John Michael Frick
answered on Jan 9, 2023

A surviving spouse is entitled to no less than a life estate in any property used as a homestead by the deceased spouse in Texas. She is also entitled to all exempt personal property and to an allowance from the decedent’s estate for one year. This is fair because it provides for the widow to... Read more »

3 Answers | Asked in Estate Planning and Probate for Texas on
Q: No assets left to estate should a will even be probated?

My father in law passed away 2 years ago. The executor of his estate never filed the will into probate. The only assets left by him were a car and house. Car was repossessed and the house sold in foreclosure auction and there are excess funds. Is there any reason at this point to bother with... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 3, 2023

The main purpose of probate is to transfer assets that are still in the name of a deceased person. If there are no such assets, not much purpose would be served by opening a probate.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Texas on
Q: Hello, My question regards sale of land in Texas. I am one of 5 heirs to a very small tract of land.

I verbally agreed to sell my interest but didn't sign a sales contract. The realtor handling the deal had a sales contract that only had one party's name & signature as seller (not my name). The only info I had prior to closing was the sale price, that the proceeds would be split... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Dec 31, 2022

You need an attorney to handle this for you. The good news is that it should be easy to draft an agreement or release for the buyer to get their money back that protects you. However, I would need to see everything you previously signed, and anything presently offered for your signature.... Read more »

1 Answer | Asked in Child Support and Estate Planning for Texas on
Q: If obligor owes large amounts of unpaid child support payments and creates a revocable living trust ..what to do?
John Michael Frick
John Michael Frick
answered on Dec 30, 2022

Trust funds are generally not safe from child support or alimony. This is true even if they are spendthrift trusts. You might review the article “Are Trust Funds Safe From Claims For Alimony or Child Support?” Trusts & Estates (April 2013).

2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: Property in dayton texas. Is it required for Executor to do a document adding names to deed with approv of current heirs

Grandfather owner of land,had a WILL naming 6 heirs. My mother past1983 & my Grandfather past 6mo later. The 5 heirs left agreed to add my Mom 4children on as heirs.Probate was done 1984. Fast forward the Executor has past away recently and their are 4 heirs left, 3 sisters & Spouse of... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Dec 23, 2022

Yes!

It would have been great and easy if someone would have reduced everyone's intentions to writing.

Since that did not happen, you do need to clear up the Estate and wrap it up also.

The good news is if everyone works together, the solution would be relatively easy....
Read more »

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: Does POA give me the right to keep one of my dad's daughters away?

I have durable POA and medical POA. My dad's daughter recently started taking him to appointments and taking him out. Then I found out that she added herself to his bank and was controlling his money.. Do I have the power to keep her away from him? If I don't, what can I do to keep her... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 19, 2022

It depends on what the POA states, Find out id your dad knows she put her name on his account, You may want to open a new bank account for him,

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mother is battling cancer and her memory is not so well. I am her daughter and I have guardianship durable POA.

There is a family battle for Durable Power of Attorney, Guardianship and Executor. I am primary on all things as of this moment but my mothers mind and memory is getting worse by the week so other family members have stated that if they get her alone then they will have her sign and have notarized... Read more »

John Michael Frick
John Michael Frick
answered on Nov 7, 2022

Given your mother's deteriorating condition and the threat of other family members to have her sign another POA, your best course of action is probably to petition a probate court for temporary or permanent guardianship of your mother.

That will probably be less expensive and more...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: My mother and brother are both disabled and live together in Texas. Mother is very I'll and we are trying to plan

There is a mortgage on the home and both are on it but my mother wants to leave her half of the interest and equity to me. Is this possible with a mortgage debt still on the home?

Nina Whitehurst
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Nina Whitehurst
answered on Nov 7, 2022

Yes, your mother can leave her half to you even if the home has a mortgage on it. If she does that, then after she passes you and your brother will need to keep making the mortgage payments on the house lest the bank foreclose. In the end, you and your brother will probably end up selling the... Read more »

2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: My grandpa bought his house and is in his name only, before he married his wife of 25+ years.

They are now in the process of a divorce. But I'm not so sure he will live long enough before the divorce is finalized. He wants to leave his house to me only. What do I need to do to ensure this happens?

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 3, 2022

He can have a Will or Trust drafted in his name detailing his wishes. Whatever interest he owns in the home after the outcome of the divorce can transfer to you upon his death.

If his wife retains or it is determined she owns an interest in the home, she may be able to live in the home...
Read more »

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1 Answer | Asked in Estate Planning, Arbitration / Mediation Law and Probate for Texas on
Q: My half-brother passed away with assets in a Trust. I feel like the family has not been honest with us. Please help.

The Trust contained his home, a couple IRA accounts (they informed us of these), and a parcel of land that is leased out. His home is still listed under the Trust. We found it named in property tax records. We don't know who holds the Trust and we don't know if the Trust was amended after... Read more »

John Michael Frick
John Michael Frick
answered on Nov 3, 2022

It sounds like the attorney stopped communicating with you because he has a conflict of interest. If the attorney previously performed legal services for your half-brother related to the trust, he quite likely does have such a conflict and should not communicate with you.

You should hire...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Mother passed away in 2021 in Texas, she had no physical property, just life insurance of $110,000, how do I file this?

3 adult children, one is under the Guardianship of the state, the other one has agreed to one person controlling the estate and dividing out.

Beneficiary passed away June of 2021, she passed Sept of 2021.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Oct 30, 2022

The life insurance goes to the beneficiary . Call the life insurance and see who the beneficiaries are . They will give you instruction how to get the money if you have the beneficiary. You will need the death certificate

1 Answer | Asked in Insurance Bad Faith, Estate Planning and Probate for Texas on
Q: My husband son passed away who named his insurance agent has beneficiary is that legal

My husband's son passed away at 50 years old after days ago and we found out that he had named his insurance agent his beneficiary is that legal

John Michael Frick
John Michael Frick
answered on Oct 27, 2022

It’s legal but it sure looks suspicious.

1 Answer | Asked in Elder Law and Estate Planning for Texas on
Q: my wife is deep in dementia and living in a memory care facility. while she was in the hospital last july, my eldest

daughter had a durable power of attorney drawn up, nameing herself as my wife's agent. she did this without my knowledge or consent. Question: how do i or can i have this document cancalled and draw up my own?

John Michael Frick
John Michael Frick
answered on Oct 24, 2022

If your wife has dementia, any power of attorney she may now sign is subject to challenge because she may lack the mental capacity to understand what she is signing.

A better choice would be to apply for a guardianship of her person and estate.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Mother passed in2009 father and brother filed affidavit of heirship 2020 father passed can you go back to mother's death

Brother was supposed to be trustee and was set to get all asset into trust but brother said it cost him to much so no will. Should I have inherited off her death

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 20, 2022

I need more detailed information, but generally if there is not a Will or Trust in place the estates of your mother and father would have to go through probate court separately. Because there is not a Will or Trust in place the destruction will be based on statute, and therefore it is likely that... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My Family inheritance was taken and I was not notified by my sister who sold the family home.I need help please
Tim Akpinar
Tim Akpinar
answered on Oct 19, 2022

A Texas attorney could advise best, but your post remains open for three weeks. You could repost and include "Probate" and "Estate Planning" as categories. Some questions go unanswered, but you might have better chances of a response under those headings. Good luck

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