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

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
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

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
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

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
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

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
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

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
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

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
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?

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
I need to remove my deceased spouse's name from the title deed of the house we co-owned in Harris County, TX. There is no will or probate involved, but I do have the death certificate and there are no other heirs or interested parties. I want to execute a Transfer on Death Deed in my name... View More

answered on May 8, 2025
You have a couple of main options:
The least expensive option is called "Affidavits of Heirship". Many people use probate attorneys to have these documents prepared. They're fast and relatively low cost. The only down side is that they're not totally ironclad. If you... View More
I need to remove my deceased spouse's name from the title deed of the house we co-owned in Harris County, TX. There is no will or probate involved, but I do have the death certificate and there are no other heirs or interested parties. I want to execute a Transfer on Death Deed in my name... View More

answered on May 8, 2025
A Transfer on Death Deed (TODD) must be signed by your deceased spouse and recorded in the Deed Records before your spouse dies. So that is not a viable path.
IMO the best and least expensive option is to probate your deceased spouse's estate intestate, requesting an independent... View More
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

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
My dad passed away when I was a minor in Texas without a will, and my half-brother, whom I've never known, became the executor of the estate but did nothing. The court had ruled that the property should be sold and the money split between us, but I have not received any. Recently, I received a... View More

answered on May 6, 2025
First, you can hire an attorney to file an answer on your behalf in the delinquent tax suit. Your attorney may be able to negotiate with the taxing authorities to set up a payment plan for you to tax your delinquent taxes on the land you inherited. There are companies who will extend land loans... View More
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

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.
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

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

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
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

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
My mother, who recently passed away, was left a property in Mineral Wells, Texas, in 'Et Al' with my grandmother's siblings as part of an inheritance. Now, all siblings have passed, leaving a son-in-law, a daughter-in-law, and multiple grandchildren. There is one holdout regarding... View More

answered on Apr 16, 2025
Yep. A lawyer can definitely guide you through this.
Step 1 - The lawyer will look at the real estate record to see what legal docs might be needed.
Step 2 - Depending on step 1, there might be some legal work to complete (such as a probate or affidavits of heirship).... View More
Can life insurance proceeds be issued to an estate when no estate has been opened, especially if there is no will, assets, or probate involved? My mother’s life insurance named my dad as the sole beneficiary, but he passed away before her. The insurance company states their policy directs... View More

answered on Apr 14, 2025
With the policy not naming any contingent beneficiaries, the insurance company must issue a check for the policy proceeds to the Estate of the decedent. It would be bad faith if the insurance company issued the check to you and/or your siblings personally.
The executor of the... View More
I am seeking legal assistance to gain custody of my deceased brother's ashes. I am his sister, and he verbally requested me to handle his funeral arrangements and made me the beneficiary of his life insurance for this purpose. There are no existing legal orders regarding the disposition of his... View More

answered on Apr 14, 2025
You need to negotiate with your brother's estranged wife. In the absence of a written designation signed by your deceased brother, his estranged spouse is entitled to his ashes.
In the absence of a written Will, your brother's children are entitled to a substantial portion of... View More
My stepmother passed away on October 6, 2024, before finalizing her will. I moved in with her a year before she passed to take care of her and am still living on her property. The property was originally purchased by my mother and father, but my dad received it in their divorce. Before my dad... View More

answered on Apr 9, 2025
If the property was in your stepmother's name only, and she left no prior will that indicated you as a beneficiary/devisee, her estate will most likely pass through intestacy. Intestacy rules stated that her assets will pass to her children, not her stepchildren. Therefor, based on the... View More
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?

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
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