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Texas Probate Questions & Answers
1 Answer | Asked in Probate for Texas on
Q: Probate litigation- is boren v boren 402 sw.2d 728 (1966) still good law?

If a will is not signed by the two witnesses in Texas is this an incurable defect?

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

Yes, Boren v. Boren is still good law. In that case, the will was signed by two witnesses.

If a will is not signed by two witnesses, the only way to "cure" the defect is for the testator and two witnesses to get together and sign the will again. After the testator dies, of...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can a normal inheritance be challenged in Texas?

In Texas, if one of a few heirs/next of kin, was sole caretaker/power of attorney/POD on one’s bank account/only person to care for person who now has passed, and there’s several credible witnesses, is there a way to fight the normal entitled heirship owed to other heirs? All that’s involved... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

It depends on the quality and character of the evidence. Ordinarily, an agent under a POA can sign a deed on behalf of the principal, but it is highly suspicious if the agent himself is the grantee under the deed.

You would need credible evidence that the grantor-principal was absolutely...
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1 Answer | Asked in Child Custody, Family Law and Probate for Texas on
Q: Can Guardian (SC) file in TX Petition Modify Parent child relationship on behalf of Incapacitated Adult ward

If the totally Incapacitated Adult ward (Lives in Ohio) has possessory Conservatorship of minor child ( Child in Texas), does It extend to the Guardian

Do courts have to verify out of state Guardianship

Gratia "Grace" P. Schoemakers
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answered on Jan 30, 2025

Guardianship always needs to be verified. However, it depends on the petition if the Guardian actually has the right to file it. Not knowing what is in the petition makes answering this question really hard. You should contact a family attorney near you who is familiar with the Uniform Child... View More

3 Answers | Asked in Estate Planning, Family Law, Military Law and Probate for Texas on
Q: My children's father recently passed away and we need to know if he had a will. How can we find out?

He was a retired military man. We don't know who he used as an attorney. If, he filed a will with an attorney, is there a way to find out who that attorney is? We don't have a lot of information. Such as, his social security number or what bank he banked with for his private investments.... View More

James Clifton
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James Clifton
answered on Jan 22, 2025

Unfortunately, there is no way to locate a will without knowing where the deceased kept it. There is no requirement to report wills prior to the death and no way to locate the attorney who may have a copy without a lead. However, keep an eye on the records in the county where he lived for a probate... View More

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3 Answers | Asked in Estate Planning, Family Law, Military Law and Probate for Texas on
Q: My children's father recently passed away and we need to know if he had a will. How can we find out?

He was a retired military man. We don't know who he used as an attorney. If, he filed a will with an attorney, is there a way to find out who that attorney is? We don't have a lot of information. Such as, his social security number or what bank he banked with for his private investments.... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2025

I would add don't forget to check with the DoD and with any institution holding financial assets to determine if he named any of his children as beneficiaries. This type of asset usually passes outside of probate to the beneficiary designated on the account.

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: This is to clarify whether I own partial of the house that parent's has since they passed and my name was on the deed.

Well, I was the co-borrower of my parent's house thus my name remain on the deed;however, my siblings are question I own more portion of the house since I was already a co-owner before my parent's passed.

James Clifton
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James Clifton
answered on Jan 13, 2025

Your exact percentage depends on how the deed was worded. If it was a joint tenancy with right of survivorship, you own the entire property. If it was tenancy in common, you own your portion plus a portion of your parents part if they died without wills. Schedule a free consultation to have your... View More

1 Answer | Asked in Probate for Texas on
Q: Can probate do this to me?

Probate cash approved me for $30,000 with payments of $1,500 monthly. They haven't honored their part..They only deposited $5000.00 the first month and nothing since.. They're saying they won't release the remainder of my loan until I win my case. And that wasn't the agreement.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

"Probate Cash" is a trade name for a Florida lending institution that makes what it calls "Inheritance loans" to heirs when estates are tied up in the probate process.

You should first thoroughly read, and make sure you understand, your lending documents.

If...
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2 Answers | Asked in Probate for Texas on
Q: My husband died with a will that requested all his debts to be payed on his passing. HIs dad was the executor

step mother co executor. His father passed before my husband. The step mother said she did not want anything to do with anything. The will said he was not married at the time but had a son. My husband did not know he had a son until the boy was 14years old and my husband had cone into an... View More

James Clifton
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James Clifton
answered on Dec 19, 2024

If the child is granted a portion of the estate in the will, he is entitled to whatever the will states. If the child is not granted anything in the will, he is not entitled to a portion of the estate. The will controls the distribution. If a person is married after they create the will and does... View More

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2 Answers | Asked in Probate for Texas on
Q: My husband died with a will that requested all his debts to be payed on his passing. HIs dad was the executor

step mother co executor. His father passed before my husband. The step mother said she did not want anything to do with anything. The will said he was not married at the time but had a son. My husband did not know he had a son until the boy was 14years old and my husband had cone into an... View More

Isaac Shutt
Isaac Shutt
answered on Dec 18, 2024

It sounds like the "son" was born prior to the making of the will. In that case, the beneficiaries actually named in the will should inherit. You should definitely seek a probate attorney's help, ASAP. There are lots of issues here. If you're listed as the beneficiary in the... View More

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My adopted father passed several years ago. His current wife has passed and her side of the family has sold everything

My adopted father passed and supposedly he didn't leave any of his estate to his kids. I question the legitimately of there claim. I'm not sure what to do.

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

You should check the court file for the probate of your father's estate and get a copy of his Will. The only way to not leave any of his estate to his children would be if he had a Will that didn't leave anything to his children. Usually, when a testator makes such a decision, the Will... View More

2 Answers | Asked in Wrongful Death, Estate Planning and Probate for Texas on
Q: When a person passes away from Asbestos, is there any way to find out whom they made there beneficiary?
Scott Martin Hendler
Scott Martin Hendler
answered on Dec 20, 2024

When someone dies from an asbestos related disease, who they made the beneficiary of his or her estate will be in the Will if the person had one. But that does not exclusively determine who has a right to sue for the death. The law of the state where the death occurred establishes the right of who... View More

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Can I sell my dad's old house after my siblings have past on?

My dad's will left his possession's to 3 of us. My sister past away 10 years prior to my Dad. My brother recently past . My dad's probate was never completed.

Isaac Shutt
Isaac Shutt
answered on Dec 7, 2024

If your sister passed away before your dad, then her share would go either go to her children or to the other named beneficiaries (depending on what the will states). If your brother died after your dad, then your brother's share would go to your brother's estate (in other words, be... View More

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Hello I have a question if a parent got money from anotherparent who is deceased and now that parent is deceased also

Yes and if the other parent passed also but there is money involved and a child has been taken care of the parent and has leagal papers but everything is frozen what do I need to do

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

It depends upon the facts of your particular situation. Money in a bank account cannot withdrawn by anyone other than the account holder unless that person is designated as the POD (pay on death) of the account holder or is the personal representative of the estate of the account holder or is... View More

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Hello I have a question if a parent got money from anotherparent who is deceased and now that parent is deceased also

Yes and if the other parent passed also but there is money involved and a child has been taken care of the parent and has leagal papers but everything is frozen what do I need to do

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Nov 29, 2024

If you are a child or heir of the parent that most recently died you would need to hire an attorney to file application to determine heirs ( if died without a will) Most Texas courts take the approach that you must use an attorney. Since you mentioned accounts frozen the order issued at this... View More

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My passed away without a will almost 5 years ago, what does my need to prove she has a legal to claim a settlement check

My dad was involved in a Roundup lawsuite that close to payout now, but the attorney handling his case will not accept an affidavit of heirship and and has told us they have to have sufficient proof of authority under Texas state law establishing her ability to settle my dad’s case on behalf all... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Nov 8, 2024

My condolences as it is always hard to lose a parent. You will need to start a probate proceeding in Texas. In most Texas counties they require that you have an attorney since you are not representing yourself actually you are representing the decedent's estate. One issue is that in Texas you... View More

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5 Answers | Asked in Estate Planning and Probate for Texas on
Q: My dad passed away in June, I have his Durable power of attorney. No Will . I want to sell his house. Can I do this?

My late brother's children sent me a letter asking for their fair share of the estate. Do I need permission from them to sell my parent's house if I am the only remaining member of our immediate family, as my mom passed last year, and my brother in 2013?

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answered on Nov 5, 2024

You will have to follow your dad's will, and probate it. Presuming he had a will. If he had no will, then the laws of intestacy of your state will govern who gets what. You will not be able to use the POA to sell the house, a POA "dies" when the person granting it died. You will have... View More

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5 Answers | Asked in Estate Planning and Probate for Texas on
Q: My dad passed away in June, I have his Durable power of attorney. No Will . I want to sell his house. Can I do this?

My late brother's children sent me a letter asking for their fair share of the estate. Do I need permission from them to sell my parent's house if I am the only remaining member of our immediate family, as my mom passed last year, and my brother in 2013?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Nov 5, 2024

My condolences as I lost my mother 3 years ago and know that is extremely painful so sorry for your loss. To answer your question, No, the authority granted by the power of attorney terminated at the time your dad died. Since he didn't have a Will the rules provided by Texas's estate code... View More

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1 Answer | Asked in Family Law and Probate for Texas on
Q: Are purchases on credit card divided between heirs if one heir is a card holder on account?

My Dad has a huge depot card and my sis is a card holder. Recently the fridge broke and then the microwave. She bought new ones, BOTH charged to home Depot with the credit card. I had found a cheaper microwave at Walmart but she insisted it come from home Depot. The fridge was over $3000. Does she... View More

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

A cardholder who is an authorized user of someone else's credit card is not the person legally responsible for the debt. The account holder is responsible for the debt and can authorize whomever he likes to make charges on his credit card account. Since you are not the account holder, you... View More

1 Answer | Asked in Probate for Texas on
Q: Have property in Oklahoma. The owner is now deceased and property goes to the deceased descendants. They have agreed

to put the property in a family trust. What needs to be done to accomplish this ?

Anthony M. Avery
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answered on Oct 17, 2024

Hire an OK attorney to search the title, determine heirship and draft a deed from the tenants in common over to the Trustee for the Trust. Attorney will need to draft the Trust Instrument with the TIC appointing someone Trustee. Deed must convey to the Trustee of the Trust, not the Trust... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Home equity loan

My dad and stepmom are both on the deed/title to home. Stepmom just recently passed away and dad is looking to get a home equity loan for the property which is completely paid off. Stepmom has 2 adult children as heirs and there was no will. How could this be navigated to be able to get the loan?

James Clifton
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James Clifton
answered on Oct 11, 2024

If the title to the property was held as joint tenants with right of survivorship or tenants by the entirety, your father would own the property solely in his name upon the passing of your stepmother. If the title was not held as joint tenants with right of survivorship or tenants by the entirety,... View More

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