Texas Probate Questions & Answers

Q: I went through probate last year, and a creditor is asking for money from the deceased's estate

1 Answer | Asked in Consumer Law, Collections and Probate for Texas on
Answered on Oct 20, 2017

Your probate attorney should be the one to answer this question. Creditors claims must meet certain standards to be considered valid and just because someone says that person owes money doesn't make it true. Again, your attorney should be able to answer this question. Best wishes.
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Q: What happens if someone intentionally doesn't do probate because they don't want the heirs to know they're heirs?

1 Answer | Asked in Probate for Texas on
Answered on Oct 20, 2017

Much of this depends on the state the will and/or property is in. In order for a will to be valid in Texas, it must be determined so by a Probate Judge which means an official legal proceeding. Without a legal proceeding, a will is useless.

There are many assets that pass outside of a will, meaning a person can name a beneficiary directly that would receive the asset. An example is a "pay on death" bank account where the owner of the account designates with the bank the person they...
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Q: MY MOTHER DIED 4 YEARS AGO MY STEP FATHER REMARRIED 3 MONTHS LATER BUT THE HOME IS STILL DEEDED IN MY DECEASED

1 Answer | Asked in Probate for Texas on
Answered on Oct 20, 2017

Consult with a probate attorney in your area without delay. The attorney will review all of the personal details and provide you with options. It may be necessary to file a Small Estate Affidavit, Declaration of Heirship or other probate proceeding in order to establish rights in property.

Don't blame yourself for your mom not having a will. Although a will is preferred, it must still be admitted to probate court and found to be valid; otherwise, it's useless. Texas has laws to...
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Q: Is husband required to leave something to his wife and child if he was sole provider of household? She took care of him?

2 Answers | Asked in Probate for Texas on
Answered on Oct 18, 2017

While former English colonies along the East Coast retain the 1/3rd widow's share if there is no Will, the general rule throughout the US (unlike Europe) is that there is no forced distribution. People can will their property however they like. In Texas, if there is no Will, Texas rules of descent and distribution govern. See the chart on the website of the Travis County Probate Court.
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Q: Mississippi will probated in the state of Texas does mississippi law about spouses in will still apply in Texas

1 Answer | Asked in Probate for Texas on
Answered on Oct 18, 2017

While Texas rules of descent and distribution apply to property in an heirship (no Will) proceeding, Texas law allows people to Will their property however they like.
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Q: Can a Texas lawyer probate a will from Mississippi?

1 Answer | Asked in Probate for Texas on
Answered on Oct 18, 2017

If (1) the person who wrote the Will died in or had real property in Texas and (2) the Will was valid under the laws of the other state, it can be probated in Texas.
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Q: My dad passed away and did not leave a will or anything. He didn't have much so not sure what my next step is. Probate??

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Answered on Oct 16, 2017

Yes, hire a local probate lawyer. Since your father left no Will and apparently died single, you and any siblings will have to be declared his heirs in a heirship proceeding. You can then administer his estate. Keep in mind that if the retirement accounts designate a beneficiary, they pass to that beneficiary. Probate attorneys use various databases and sometimes hire specialized private investigators to find missing heirs and beneficiaries.
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Q: my children are the benifericary of my parents estate who willed their home and land to them. My sister was left trustee

1 Answer | Asked in Probate for Texas on
Answered on Oct 16, 2017

A Will means nothing until a court accepts it for probate. Hire a local probate lawyer.
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Q: As an administrator & joint owner of property with a sibling can one sibling file all taxes to be in their name

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on Oct 11, 2017

First of all, if there was a will , it needs to have been admitted to a probate court and found valid before it can even be acknowledged at all. Additionally, an executor or administrator wears a separate hat from the beneficiary even though they are often the same person.

The administrator, once recognized by a court of law, has the duty to gather all assets and debts of the deceased person, pay valid debts, expenses, reimbursement to Medicaid if applicable, before any assets may pass...
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Q: My mother passed away of cancer last year . She willed the house to me but the loan is in her exhusbands name.

1 Answer | Asked in Constitutional Law, Probate and Real Estate Law for Texas on
Answered on Oct 11, 2017

I'm sorry for the loss of your mother.

Mortgages and probate can get quite complicated. You will need to consult with a probate attorney that also understands about property division in divorce. You also need to obtain a copy of the divorce decree in order for the attorney to review facts of the case.
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Q: mother passed. she made a will and had it notarized. Is it a valid will. Do I have to probate the will.

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Oct 11, 2017

If you are in Texas, a will must be admitted to probate, meaning you have to go to Court, before it is even recognized as valid and the same is true of an executor. An executor cannot just start acting according to terms of the will until approved and appointed by the Court.

This is the exact reason estate planning is so important. Bank accounts, life insurance, and other assets that allow you to name a beneficiary other than your "estate" all pass to the beneficiary without the...
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Q: Do you necessarily need to probate your will? What do it provide in your interest?

2 Answers | Asked in Probate for Texas on
Answered on Oct 11, 2017

A will has no legal effect until a court accepts it for probate and issues letters testamentary.
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Q: Can I file suit for effective disinheritance in Texas?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Answered on Oct 11, 2017

If someone was left land in a will then there would be no need for an affidavit of heirship, title would be much clearer.

I suggest you consult with a probate attorney in or near the jurisdiction this took place for specific answers.
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Q: I am executor of my mother's will in Texas. Per the Compensation and expenses of personal representatives chaper 352:

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Oct 11, 2017

If you filed with a lawyer, you need to consult them for assistance in understanding your rights as administrator and your entitlement to the things you are specifically listed to get.

Many bank accounts are "pay on death" accounts where there is a beneficiary already listed and the bank pays directly to them without the need for probate. Insurance is typically left to specific beneficiaries as well which makes it an asset "outside" of assets in the estate.
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Q: I am in Texas. My husband passed away without a will. I am selling his mineral rights. We have a minor child together

1 Answer | Asked in Energy, Oil and Gas, Real Estate Law and Probate for Texas on
Answered on Oct 11, 2017

This is long after your questions was asked; however, if you haven't already done so, consult with a probate attorney in your area.
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Q: How much is a declaration? Of heir in texas and is it able to be deducted from a settlement with the comptroller?

1 Answer | Asked in Banking, Energy, Oil and Gas, Probate and Securities Law for Texas on
Answered on Oct 11, 2017

I suggest you have an in-person consultation with an attorney. It's a time-consuming job to review all the appropriate facts and advise you accordingly; therefore, you will probably be charged for the consultation.
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Q: what is the easiest way to remove my late wife from my home title. her estate is not probated

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on Oct 10, 2017

If your wife left no more than a home, up to $60,000 in personal possessions and household goods and no more than $75,000 in other assets, the heirs (you and, if she had children who are not yours, all the children) could file an Affidavit of Small Estate. Relying on the court order, you could record a new deed in the name(s) of the heir(s). The form should be available on the website of your local probate court. You may or may not need an attorney to review and efile it for you....
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Q: Does a husband have any rights to property that was left as homestead to her children?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Oct 6, 2017

Please consult privately with a probate attorney so that all the facts can be told, the attorney can see documents, etc. This is the best way to get the right answer to this type of question.
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Q: Q: My father in law passed away last year, he was divorced and my husband is the only child. We went through probate

1 Answer | Asked in Probate for Texas on
Answered on Oct 6, 2017

Who was the house awarded to in the divorce? What kind of proceeding did you do in probate court, i.e. heirship, administration, etc.? Please give more details or consider consulting with an attorney capable of reviewing all documents, deed records, etc. and giving good advice.
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Q: Divorced in 2006. Spouse died July 2017. I am sole beneficiary of Life InsDecree states I can't have this Life Policy

1 Answer | Asked in Family Law, Consumer Law and Probate for Texas on
Answered on Oct 6, 2017

This is a very complicated situation and I think you should seek out a private consultation with a probate attorney. There have been conflicting decisions from the Courts as some say the decree controls and others say the life insurance controls. I'm sorry that doesn't answer your question at all; but I do encourage you to find a lawyer you can meet with and discuss.
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