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Texas Probate Questions & Answers
1 Answer | Asked in Real Estate Law, Foreclosure, Landlord - Tenant and Probate for Texas on
Q: My husband recently passed. I am not on the mortgage for the house. The bank is telling me I have 30 days to move. Help!
Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 26, 2020

Are you on the deed? Have you filed to probate your husband's estate? Federal law prohibits a lender from foreclosing for six months after a court appoints someone to settle the estate.

2 Answers | Asked in Banking and Probate for Texas on
Q: My husband needs help getting access to his dead father's bank accounts.

My father in law passed away in June 2020. My husband has presented all documentation to the bank within 2 weeks of his dad's passing. However, the bank keeps giving him the runaround. The bank won't provide any information as to any of his dad's accounts or when they will be... Read more »

Isaac Shutt
Isaac Shutt answered on Sep 25, 2020

I can imagine that there could be one of two problems:

First, it could be that the bank requires "letters testamentary" or a "small estate affidavit." These can be required by the bank, and you can only get them by going to probate court. If your father in law had a...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Hello, this is a probate question. I am at the end of my probate, my attorney wants me to bring my account current.

The agreement was that they would be paid once I sold the house. I was laid off due to COVID, I informed them of this and they stated it was not their problem. I only have a couple of more steps to close the case. I am not sure how to proceed, I am located in Texas. How will this affect my case?... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 22, 2020

You do not note whether the agreement is written. Everyone's memory is fallible.

1 Answer | Asked in Probate for Texas on
Q: My mother recently passed away and my youngest sister is the executor. She has also been the sole power of attorney

since 2016. The will is now in probate and I would like to look at the records of how my moms money was managed, but when I asked my sister, the request was denied. What do I need to do to be able to review the records, not just current estate value, but historical records as well?

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 21, 2020

With regard to your sister's actions as your mother's agent under the Durable Power of Attorney (that is, while your mother was alive), there is a provision of the Texas Estates Code which allows anyone who would be an heir or beneficiary or who can persuade the court that they have a... Read more »

2 Answers | Asked in Probate for Texas on
Q: My husband died 16 years ago. A vacant lot paid for is in both our names. Our home still being paid for is also in both

our names. All the children are grown and out of the house. There was no will. How do I get the properties in my name?

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 19, 2020

If your husband left a Will, you can still probate it to transfer title. If not, you should file an Affidavit of Heirship in the county deed records.

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3 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: If my grandmother decides to give her house to me, what do I need to do to go about this?
Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 16, 2020

The best way for your grandmother to give her house to you is through a Transfer on Death or Lady Bird Deed. That way, if she ever needs Medicaid (and many of us will, especially if we have to go to a nursing home), the gift will not count against her in qualifying to receive it and the house will... Read more »

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to deal with rich stepmother when father died intestate in the state of Texas.

My Father never signed prenuptial agreement with my stepmother. They lived in a triple wide trailer on my grandfathers land with tractors and other large equipment. She completely abandoned everything and moved to Dallas. My Grandfather is my POA because I live in another state. He has brought to... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 9, 2020

See whether you qualify for Volunteer Legal Services (Legal Aid) in the area in which your father lived and died. If not, see whether you qualify for the Modest Means program of Lawyer Referral Systems there.

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can a vehicle be put in the name of someone that is incarcerated?

Father passed away and left his son his property. Son is incarcerated and will be for some time. Son inherited a vehicle. Can the vehicle be put in the son's name?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 8, 2020

Yes.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: Mother was diagnosed with Alzheimers in 2015.

Mother was diagnosed with Alzheimers in 2015. Sister has Mother. I was joint Power of Attorney and in Trust for 50 percent estate. In 2019, sister took Mother to a doctor (after Mother's MD in Tucson already said Mother was unable to make financial decisions in 2018) and had me removed... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 29, 2020

Only your mother can remove you as her agent under a Durable Power of Attorney. Depending on what the trust declaration says, it may be that only she can remove you as co-trustee.

In Texas, anyone who would be a beneficiary under a Will, an heir if there were no Will, or can convince the...
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1 Answer | Asked in Probate for Texas on
Q: I am executor of a small estate In Texas. There is a credit card debt around $7500.00. There is no money in this estate.

There are assets such as house land and car. Can they make me sell any of the listed above to pay them off? If not, what can they do?

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 20, 2020

As the attorney representing you might advise, there may be a set aside for a surviving spouse and minor children. Aside from that, all properly presented claims must be paid before anything, including the house and the car, can be distributed. If you, the executor, do not pay the bills out of... Read more »

1 Answer | Asked in Probate for Texas on
Q: She was already deceased. But we had filed taxes under the deceased tax filler. Is that the law to return her portion?

Probated estate holder for mom who reciwved stimulus and credited for my children.

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 18, 2020

While the stimulus checks were first sent to people who had filed tax returns for 2019, they are independent of tax refunds. You should thus send back the $1,200.

1 Answer | Asked in Probate for Texas on
Q: I am probated for my mothers estate, she got stimulus also credited for my kids can I cash it?
Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 18, 2020

That depends on whether your mother was dead or alive when the stimulus check arrived. If she had already passed, return her portion.

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: What happens when an inmate says he's being released to someone's house, but that person doesn't live there?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 17, 2020

Do you mean that he tells the Texas parole authorities that he will be living at a house owned by another person, but that person doesn't have anything to do with that house or has moved away from it? If the releasee doesn't know that the house is no longer being occupied by the named... Read more »

1 Answer | Asked in Probate for Texas on
Q: Is there a way to get an Affidavit of Heirship (my deceased parents home) if my other 3 (half) siblings refuse..

Is there a way to get an Affidavit of Heirship (my deceased parents home) if my other 3 (half) siblings refuse to uphold their financial responsibilities with the home? My mother passed away in March 2018. I reside & have been taking care of the mortgage. The house needs repairs & I need to... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 12, 2020

You are referring not to an Affidavit of Heirship but to an Application for Determination of Heirship and Issuance of Letters of Administration. This can be awarded without your siblings' agreeing to an Independent Administration. It will be a Dependent Administration, meaning that it must... Read more »

1 Answer | Asked in Probate for Texas on
Q: A holographic will with no assigned executor or independent administrator. How would you file the probate?
Isaac Shutt
Isaac Shutt answered on Aug 5, 2020

This is called "probate with will annexed." You can still have an administrator appointed, but you'll need an attorney if you want an administrator. If you don't want or need an administrator, then you can do a "probate as muniment of title only." With muniment of... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: I live in Texas and I have an special needs adult child who lives with me and requires round the clock care.

When I die can I create a will appointing a close friend to be my daughter's guardian/caregiver when I'm gone? Will my daughter's father have any say so to whom is her caregiver? Thanks

Isaac Shutt
Isaac Shutt answered on Jul 27, 2020

Yes, you can. You also should establish a trust in your will for your daughter. You need to do this so that your daughter doesn't lose her governmental benefits... We don't charge anything extra for adding this type of trust into our clients' wills.

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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for Texas on
Q: My grandparents are both deceased. They owned a home. They had 5 children. All but 2 are deceased. The 3 who are decease

Have surviving children. Do the 2 surviving children have to include the children of their deceased siblings in signing loans to repair the home or selling the home.

Ross F. Tew
Ross F. Tew answered on Jul 23, 2020

Yes.

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1 Answer | Asked in Probate for Texas on
Q: What to do if will is invalidated as court said there's a later will, but no one knows where it is.

Widow's lawyer says only one will and put into probate, but two other heirs were shut out of process, not notified of the probate, and now see that the court see it aside and removed the widow as executor saying there is later will. Her lawyer won't talk to other heirs (decedent's... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 23, 2020

If the Will has been submitted for probate, it is available online through the website of the Travis County Probate Court. If not, the other Will could not have been set aside in its favor. You can hire a lawyer to ask the Court to compel production of the alleged later Will.

1 Answer | Asked in Probate for Texas on
Q: Does Texas law permit TX Ancillary Probate relating TX property title be filed prior to Probate in deceased's domicile

NM resident dies. Will explicitly states Mr.X receives title to residential property in Dallas. Can Mr.X file ancillary probate motion relating only to title transfer of Texas property prior to Executor filing a New Mexico Probate Motion ? There is a sense of urgency to have the title... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 20, 2020

No. Your answer is in the meaning of the word, "ancillary." The NM probate must be filed first.

1 Answer | Asked in Probate for Texas on
Q: requirement to notice to benificiaries of a texas intestate succession what is the code
Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 17, 2020

Beneficiaries take under a Will. Heirs take under an heirship. No heirship hearing can be held without notifying them. Your probate attorney should do this for you and submit a attorney's certificate that he has done so to the court. This is not a DIY project.

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