Texas Probate Questions & Answers

Q: My mother died over 4 yrs. ago with a will but my sister and I never probated the will. We found out that she had some

1 Answer | Asked in Probate for Texas on
Answered on Jul 15, 2016

Generally, you are unable to have the will admitted after 4 years, depending upon location, amount of money, debts of her estate you may be able to file a small estate affidavit and proceed in that direction. I suggest consulting with a probate attorney where you can speak in private and receive direct advice. It's never a good idea to do or not do something based on what an attorney might say in an online forum.

Best wishes to you and your sister.
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Q: how to find the attorney that is taking care of my deceased parents will

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Jul 5, 2016

I believe I answered this in another question. If not, please let me know and let's see if I am able to give you some ideas.
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Q: how to find the attorney that is taking care of my deceased parents will

1 Answer | Asked in Probate for Texas on
Answered on Jul 5, 2016

It looks like the same question posted several times. I did answer one of them.
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Q: how to find the attorney that is taking care of my deceased parents will

1 Answer | Asked in Probate for Texas on
Answered on Jul 5, 2016

Good Morning - I'm sorry for the loss of both your parents. A couple of ways I can think of to help you are to look online at the county in which you think the will is and see if it has been offered to probate or contact the probate department for that county, i.e. Bexar County has 2 probate courts and I would contact both, the clerk would be able to tell you the attorney's name and number if a probate action has been filed. Of course, you may also hire an attorney to do this for you;...
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Q: Do my stepbrother have right to the house? our parents were married his mother passed now my father passed.

1 Answer | Asked in Estate Planning, Family Law, Probate and Real Estate Law for Texas on
Answered on Jun 20, 2016

I'm sorry for the loss of your father. Did your stepmother have a will? If not, it may be possible that all of her share goes to her child, i.e. 100% of her 1/2 in the house (providing house was bought during the marriage). It also depends on how long ago and other factors,. It's best to consult with a probate attorney personally instead of seeking a definitive answer on this (or any other) forum. Best wishes.
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Q: What legal repercussions could a person face for using an atm card of a deceased person with no will to pay funeral cost

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Jun 15, 2016

I suggest you consult directly with an attorney as this won't be the best place to provide details, etc. If there is an estate and there seems to be as you mentioned a bank account, you may need to probate the estate to distribute funds to proper descendants, pay debts of estate etc.
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Q: What if your family hasn't close out a Probate Will in 60 years. What happens?

1 Answer | Asked in Probate for Texas on
Answered on Jun 7, 2016

Your question cannot be answered accurately without thoroughly assessing your personal situation; however, this forum isn't the place for it. I suggest you seek a consultation with a probate attorney in your area. Generally, a will must be probated within 4 years of death.
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Q: Please explain what signing a waiver( chapter 308 section A) pertaining my Dads will means and if it takes anything away

1 Answer | Asked in Family Law, Estate Planning, Probate and Real Estate Law for Texas on
Answered on Jun 7, 2016

I'm sorry for the loss of your dad. You've asked a lot of questions here and my advice is to contact a probate lawyer in your area for a free consultation. Generally, signing a waiver is either acknowledging you received notice of the probate and a copy of the will, although some waivers say that you have received all the things from the estate you were supposed to. It's best to go over this in person as you'll receive more accurate information. All my best - Tammy L. Wincott
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Q: mom died about 2 weeks ago. my brother is hiding information. How do I find out which probate lawyer he has if he wont

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Jun 7, 2016

I'm sorry for the loss of your mom and the difficulties with your family. Check with the probate clerk in the county where your mom lived to see if any legal action has been filed. If something has been filed, you will be able to get case information, etc.

I hope you find this answer useful. Best wishes - TLW
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Q: My husband passed away and he had no will. We have been married for 40 years. Do I have to do some kind of probate?

1 Answer | Asked in Probate for Texas on
Answered on Jun 7, 2016

I'm very sorry for your loss. You will most likely have to probate your husband's estate. I suggest speaking with a probate attorney in your area in order for you to get the best advice. Most probate lawyers have free consultation and you might even be able to get your questions answered over the phone.

All my best - Tammy L. Wincott
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Q: TX probate w/will, only asset is house, left to my sister and I. Do unsecured creditors have claim on house?

1 Answer | Asked in Probate for Texas on
Answered on May 13, 2016

The credit card companies would have to file a claim during the probate process or file a lawsuit and obtain a judgment; therefore, they won't have a regular claim. I'm sorry about your mom. You will need to offer the will for probate in order to transfer the deed on the house unless she had already transferred the deed.
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Q: Can I refuse to be part of probate for my brother? I don't want to have anything to do with the process.

1 Answer | Asked in Probate for Texas on
Answered on May 13, 2016

I suggest picking up the certified letter. They are required to give heirs notice of any action in which they might be beneficiaries, etc. There are ways for you to opt out of any part of the estate you might otherwise be entitled to. His opening a probate action does not constitute any type of illegal action. The funds, if truly part of the estate, will need to be validated, etc. before distribution to any rightful heirs.
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Q: My Father and Mother are deceased their home is on my property what rights do I have?

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on May 5, 2016

Please go see a probate attorney in your area to get valid advice for your personal situation. I'm sorry for the loss of your parents.
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Q: Life Insurance Policy beneficiary (PA is where insured passed away; I live in TX).

1 Answer | Asked in Probate and Consumer Law for Texas on
Answered on May 5, 2016

You need to establish who would have been the rightful beneficiary/beneficiaries. Insurance policies don't proceed as you would think. It would be nice if the policy paperwork was available for review. The funds may have become part of the estate and if your aunt was the sole beneficiary of that estate then it might be possible that the funds passed to your aunt's estate then to you through your aunt. I suggest meeting with a probate attorney and going over everything in detail in order to...
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Q: How do I transfer a percentage of my property interest to my spouse on property I inherited through probate?

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on May 5, 2016

It sounds like you will need a general warranty deed; however, it's difficult to say without looking at your situation more closely. You may also check with the bank that he seeks the loan from. There are many attorneys that will give you good legal advice and prepare the necessary deed at a reasonable price.
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Q: Executorship of my Aunt's estate passed to my deceased father. How do we pass ownership of her home to her kids?

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on May 5, 2016

I'm sorry about all of the health troubles and then the flooding. I'm not clear if the estate was ever in court for probate where your father or brother were named by the Judge as executor. If this isn't the case then an affidavit of heirship proceeding may be needed; however, it sound like other issues are present as well. I suggest you seek a free consultation with an attorney that can give you the correct advice. Stay safe.
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Q: Texas Probate Codes in 1965 & 1974

1 Answer | Asked in Probate for Texas on
Answered on Nov 2, 2015

Go see a local probate attorney for a full discussion about these matters.
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Q: A house is the only property from my dad. I am executor and only heir. I want to live in the house, do I need probate?

1 Answer | Asked in Probate for Texas on
Answered on Oct 26, 2015

Yes, you probably need to file a probate. Go see a local probate attorney for a full discussion about this.
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Q: My father died. I would like to know who gets the house the wife and child that lives there or the three children from

1 Answer | Asked in Probate for Texas on
Answered on Oct 11, 2015

You need to go see an attorney about this. There are no magic answers that are going to jump out of your computer. A full discussion with an attorney is what you need.
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Q: ok my father passed away a couple of years ago Im 55 years old and he left me the house right along with his sister

1 Answer | Asked in Probate for Texas on
Answered on Oct 8, 2015

Your father left a house to you and your aunt as tenants in common? Unless there is something more specific in the will, no, the two of you have equal rights in the house.
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