Texas Probate Questions & Answers

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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Q: My grandmother died & left me & my siblings money in bank accounts & property how do we go about to get it

1 Answer | Asked in Probate for Texas on
Answered on Oct 3, 2015

When someone dies in any state, the heirs need to hire a probate attorney in that state. You do that by setting up an appointment with a probate attorney and having a full discussion about what can be done and what needs to be done for you. You cannot get that by asking questions on a public forum, you get that by actually going to see a local probate attorney.
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Q: My brother died,no will.He wasn't married,no children Car is paid off but DMV said not a clear title.How do I get

1 Answer | Asked in Probate for Texas on
Answered on Sep 25, 2015

You can likely resolve this with an Affidavit of Heirship, which is relatively simple. Having said that, you should consult with an Attorney to make sure have accounted for all the heirs under intestate distribution.
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Q: Who can tell me when the probate hearing is after a death in family

1 Answer | Asked in Probate for Texas on
Answered on Aug 23, 2015

Go see a local probate attorney about this.
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Q: My cousin has $ 461.00 in Bank of America . She died in Indonesia..I am the executor and want to send this to Indonesia.

1 Answer | Asked in Probate for Texas on
Answered on Apr 9, 2015

You said you are an executor so there has to be a will. Where this $461 goes will depend on what the will says. Not "you want to send this to Indonesia". The fact that she died im Indonesia also complicates the situation. there are other factors to consider if probate should be done in the U.S. or in Indonesia. Even if we assume that probate should be done in the U.s., you are correct that the cost of probate (even the simplified route such as small estate affidavit) still will cost more than...

Q: MY father passed away 7 yrs ago I did probate the will, my mother still lives but living in a nursing home. The house

1 Answer | Asked in Probate for Texas on
Answered on Apr 5, 2015

therr are not enough details of your case for a full analysis. For example, what does the power of attorney cover. Is your mother mentally competent now. Who are the owners of the house. Who are the heirs of your mother. What other assets does your mother have. Is she getting any medicaid benefits. Depending on what the answers are to those questions, you may or may not have right to the house. There are also various ways to try and have the house pass down to you. You will need to discuss...

Q: Mom dies with no will. What happens if no one probates?

1 Answer | Asked in Probate for Texas on
Answered on Apr 5, 2015

I Supposed what you were asking is what will happen to her assets if her estate is not probated. If that is the case, it means that none of her assets can change hand. If she owns a house, the house will stay in the name of her estate. Same thing for money in her bank accounts, investment accounts etc. There is, however, an exception. If the assets are "non probate" assets, eg joint account with right of survivorship, or a IRA account with designated beneficary, then those assets can pass to...

Q: Texas. My sister and I are both listed as beneficiaries on the will. However, on my mother's Merill Lynch account, onl

1 Answer | Asked in Probate for Texas on
Answered on Mar 17, 2015

Yes, the funds in the merrill lynch account will go to your sister solely. It does not matter that the will says. This is because accounts like that are considered non probate assets, meaning that they are not governed by the will.

Q: my grandmother passed away in the early 90"s.There is no will. what happens to her property?

1 Answer | Asked in Probate for Texas on
Answered on Mar 17, 2015

If there is no will, then her assets will pass down to her heirs according to the intestacy laws in Texas. That means the law will determine who are the heirs to her properties. Based on what you described, the nieces and nephews, together with your mother, will have a share to the house. They may not be equal shares depending on how many people we are talking about and what their relationships are. It is too complicated to explain over an Internet forum like this. You should contact a probate...

Q: my dad died and I don't know if he had a will or not what do I do

1 Answer | Asked in Probate for Texas on
Answered on Mar 5, 2015

First, try looking everything for this will. Places where he put his important documents. Does he have a safety deposit box? Look at his bank statement. Was there an item for safety deposit box fee? Did he ever write any checks for legal fee? This may be a hint he had met with an estate planning attorney before. If there is a safety deposit box and you suspect the will may be there, an attorney can help you get a court order to have the bank allow you to examine the content. If there is no...

Q: My parents are deceased and have property and other access valued at approximatly 70K, do I need to probate their will?

1 Answer | Asked in Probate for Texas on
Answered on Feb 18, 2015

That depends on what those assets are and how they are titled. For example, if the asset is $70k in a joint account with right of survivalship, then the money will pass automatically to the surviving account holder. There is no need to probate the will. But if the account is solely in your father's name, then you will need to have the will probated and distribute the money according to the will.

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