Texas Probate Questions & Answers

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 Apr 5, 2015

Answered on Apr 9, 2015

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Nancy Hui's answer
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...

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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 Apr 1, 2015

Answered on Apr 5, 2015

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Nancy Hui's answer
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...

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

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

Answered on Apr 5, 2015

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Nancy Hui's answer
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...

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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 Mar 10, 2015

Answered on Mar 17, 2015

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Nancy Hui's answer
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.

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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 Mar 10, 2015

Answered on Mar 17, 2015

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Nancy Hui's answer
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...

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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 Mar 2, 2015

Answered on Mar 5, 2015

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Nancy Hui's answer
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...

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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 Feb 16, 2015

Answered on Feb 18, 2015

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Nancy Hui's answer
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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Q: What criteria does a probate judge use when choosing an admin. from two brothers named as co-executors?w/o lawyer

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

Answered on Feb 18, 2015

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Nancy Hui's answer
Seems like you get the terms confused. First, if you and your brother are designated as co-exectuors, then there must be a will. The will has to be probated (meaning presented to the court) in order for this appointment of Executor to happen. It is not something that someone can do without an attorney because this is considered as practice of law. Just like you can't perform a brain surgery on someone without having a medical license regardless of how many articles you have googled from the...

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Q: My father died recently in 1994 he and I went to a lawyer and signed a will leaving a majority of his property and money

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

Answered on Feb 18, 2015

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Nancy Hui's answer
You will need to have a probate attorney to help you figure out who is the proper heir to your father's estate. If there are two wills, then the will dated on a later date controls, provided the later dated will was properly executed. It will be hard for a lay person to tell if a will was properly executed. That's why you need to have an attorney look into your case. There are too many variables that may affect the outcome.

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Q: If my father died w/o a valid will, can my sister be declared the administrator because she applied for the application

1 Answer | Asked in Probate for Texas on Feb 16, 2015

Answered on Feb 16, 2015

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Nancy Hui's answer
If the court finds that she is appropriate to be the administrator then yes, she can be appointed as such. However, if there is reason that she should not be appointed, you need to file an objection so the court will know. Once she is appointed as an administrator, she may begin administration of the estate. One of the tasks include selling the assets (eg a house) and distributing to the heirs. She is not required to inform you or get your permission to sell a house. There are many other...

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Q: what happens when an executor keeps creditor accounts open beyond death for personal use?

1 Answer | Asked in Probate for Texas on Feb 6, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
You can ask for an accounting of the estate and if he is found breaching his fiduciary duty, he can be liable for the damage he has caused to the estate and be removed as an executor.you should speak to an attorney to discuss further.

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Q: Joint ownership of man and wife purchased in 2006.Both weredivorced w / children. Wife passes.What family hasto probate?

1 Answer | Asked in Probate for Texas on Feb 6, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
Your question is very unclear. Please repost and explain what you are looking for.

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Q: i have a probate question

1 Answer | Asked in Probate for Texas on Feb 6, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
That depends on whether there is a will, whether it was her homestead, who the title owners of the house was, what type of deed the house is under and so many other factors. It is hard to say what's the best way to approach it without knowing further. You should sit down with a probate attorney to discuss your option. One thing for sure is something has to be done or else you will never be able to sell it.

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Q: When doing an I & A do you have to list cars that are in the surviving spouses name only?

1 Answer | Asked in Probate for Texas on Feb 10, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
That depends on whether it is community property or wife's separate property. If community property then husband owns half so yes list it. If not then no need to list

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Q: I cannot find a deed to my grandmothers home? I have tried the County Clerk office in Marshall, TX.

1 Answer | Asked in Probate for Texas on Jan 22, 2015

Answered on Jan 23, 2015

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Nancy Hui's answer
Possibly. But until an attorney reviews your case, it can not be determined with certainty. You should consult with a probate attorney to go through your options.

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Q: are wills registered with within the county seat by the lawyers who help write it up?

1 Answer | Asked in Probate for Texas on Jan 22, 2015

Answered on Jan 23, 2015

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Nancy Hui's answer
There is no such a thing as registered will.

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Q: We been living together for 20 years he died now his daughter want everything. What are my legal rights as far as his p

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

Answered on Jan 23, 2015

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Nancy Hui's answer
You can only inherit his interests if either he left the assets to you in his will, or that you were his spouse. If you were not legally married, you can see if you can prove that you were his common law spouse. Without a will and not being a spouse, you have no right to any of his assets. Consult a probate attorney to help you.

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Q: Who has right over my husband's life insurance and land after he passed. His kids? or I? His son is named beneficial on

1 Answer | Asked in Probate for Texas on Jan 22, 2015

Answered on Jan 22, 2015

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Nancy Hui's answer
Typically proceeds from life insurance policy goes to a pre-designated beneficiary. So it could have been anyone: you, his kids, neighbor, parent, friend etc. But if he did not name any beneficiaries, then it goes to his estate. If there is a will, then it will go to whoever he designated in the will. If there is no will, the proceeds will be divided according to the intestacy laws in TX. For real property, it depends on whether it is community property or personal property. And then it also...

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Q: My step father passed away,without a will. My older brother is his bilogical son. When I was born I took his name at

1 Answer | Asked in Probate for Texas on Jan 12, 2015

Answered on Jan 15, 2015

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Nancy Hui's answer
You should discuss your case with a Tennessee probate attorney.

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Q: My Ex-husband died in AR. the Estates in Probate. I live in TX, can my TX attorney represent me?

1 Answer | Asked in Probate for Texas on Jan 12, 2015

Answered on Jan 13, 2015

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Nancy Hui's answer
Unless your Texas attorney is also licensed in AR, he may not represent you in the probate proceeding in AR. You can ask him for recommendation for an AR probate attorney.

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