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Texas Probate Questions & Answers

3 Answers | Asked in Estate Planning and Probate for Texas on

Q: Texas intestate

My step uncle passed away recently without a will. My step dad is the only living family left. The only thing my uncle had to his name is a car worth about $1500 and there is a utility deposit check coming for $118. How do we go about transferring the car title and be able to cash the check without... Read more »

Terry Lynn Garrett answered on Jun 12, 2019

Use a DMV Affidavit of Heirship for the car.

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Texas on

Q: hi what kind of lawyer can help with getting a land deed into my name ?

The land is in Atascosa County and should be in my mother's name and other siblings , but i found out it is in my aunts and cousin names. The property was known as the Arthur Gamble survey and was initially in my great grandfathers name, Mauricio Sanchez. Then he passed away and the siblings never... Read more »

Tammy Lyn Wincott answered on Jun 11, 2019

I suggest meeting with a probate attorney who is familiar with real estate to review the documents in person. Land transfers to heirs if there is no will. It would not be in every single person's name, only those living and descendants of those that were living at his death and later died. It... Read more »

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2 Answers | Asked in Estate Planning and Probate for Texas on

Q: Can an executrix delay assigning a deed in order to maintain control of the property?

My mother died one year ago and named my oldest sister as executrix. There are no debts and three properties. One has been sold, one is on the market, and the third my two sisters and I intend to keep. My youngest sister and I do not agree with the executrix on the management of the property. The... Read more »

Terry Lynn Garrett answered on Jun 11, 2019

Take the letter to a local probate attorney and ask him to move for the court to intervene.

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2 Answers | Asked in Probate for Texas on

Q: If a probated will was filed and recorded on July of 2018 can it be protested on April 2019?

Special Warranty Deed has also been transferred

Tammy Lyn Wincott answered on Jun 7, 2019

Yes, there is still time to contest a will; however, it's not clear what part you want to protest. You should consult with a probate attorney who is familiar with will contests.

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1 Answer | Asked in Real Estate Law and Probate for Texas on

Q: My mom passed in 2016 my sister still lives in the house and it's still in probate since 2016 is this legal? No will

My sister in another state is the executor.

Tammy Lyn Wincott answered on Jun 5, 2019

I suggest you contact a probate attorney and go over the specific facts of the case. Sometimes people say the estate is still in probate if the heirs haven't been given anything; however, "in probate" means there has to be an actual court case pending.

2 Answers | Asked in Estate Planning and Probate for Texas on

Q: Texas Small Estate affidavit process, fees and durations

My Father and mother both died without a will. My dad has a Employee Stock purchase plan valued at around $18,000 and has a life insurance policy valued at 40,000. Do that qualify for the Small Estate affidavit probate process? I have got a link to Fort Bend county courts for the required forms,... Read more »

Terry Lynn Garrett answered on Jun 4, 2019

While the filing fee may be around $350, you would do well to hire a lawyer to help you complete this tricky form. Before that, you would do well to make sure that the entities holding the money will accept an Affidavit of Small Estate and not require Letters of Administration.

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1 Answer | Asked in Probate for Texas on

Q: In Texas, how is a decedent's stock portfolio value determined for dismemberment?

I’m trying to determine the value of an inheritance of securities the decedent owned. Is the disbursement amount based on the stock price at time of death or is it based on the value when the executors sell the stock?

And I’m dealing with an independent executor that has refused to... Read more »

Mr. Troy Michael Moore answered on Jun 4, 2019

You could request your share of the stock be transferred to you and then you could sell or keep it. The basis of the stock would be its value as of the date of death.

2 Answers | Asked in Probate and Estate Planning for Texas on

Q: How can I get a letter of inheritance to close a bank account. I'm the only heir.

My Dad passed away earlier this month. I need to close his bank account. They are asking for a letter of inheritance I believe. I’m not sure if he had a will. The bank balance is just over 2,500.00.

Terry Lynn Garrett answered on Jun 4, 2019

While in theory an Affidavit of Small Estate might suffice, financial institutions generally require court-issued Letters of Administration when there is no Will. Filing an Application to Determine Heirship and Issue Letters of Administration might cost you as much or more than is in the account:... Read more »

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1 Answer | Asked in Probate for Texas on

Q: In the state of Texas, who responsible for a home's HOA dues, the estate or the surviving spouse?

Mr. Troy Michael Moore answered on Jun 4, 2019

The community estate prior to death and the surviving spouse after that.

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Texas on

Q: My mother passed and owed $5000 in backed property taxes. I'm her only son.

Do I have the right to keep the house and make payment arrangements. I'm not sure if she made a Will. I'm the only servivor

Bruce Alexander Minnick answered on Jun 3, 2019

No, not unless you doing something to get the deed changed into your name. You are in need of a real estate lawyer to help you get through this big problem--before it gets out of your hands completely.

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1 Answer | Asked in Probate for Texas on

Q: Is it legal for someone other than the Executor to sign, Application to Admit Will, Oath, and other docs for Probate

The husband is a bully fraud specialist attorney, he has claimed an Estate of 800,000.00 when there are no assets to probate. The estate in reality is about 5,000.00, not even imaginable , to be 800,000.00. Everything that was left, was setup with beneficiaries and/or TOD. Her assets consist of... Read more »

Terry Lynn Garrett answered on May 24, 2019

The applicant for probate usually is but need not be the executor. Applying does not make one the executor.

1 Answer | Asked in Estate Planning and Probate for Texas on

Q: my brother passed in tx, he left a holographic will (I was told I was to receive everything) and a life insurance policy

(he told me I was the beneficiary). his landlord confirmed they were in his rental. my sister and/or niece found them, removed them from his rental and are denying they exist. Another family member confirmed they exist in a text message. what do I file, a small estate affidavit or a motion to... Read more »

Tammy Lyn Wincott answered on May 22, 2019

You should contact an attorney immediately in the area where your brother died. If you know the insurance company, you may be able to present proof of death to them and claim any funds specifically left to you.

1 Answer | Asked in Probate for Texas on

Q: A fraud specialist attorney's wife was named as executor,HE has signed all documents purporting to be her signature

Is it legal for someone else to sign official probate documents? The husband signed the Application to Admit Will, the Oath, Death and other facts submitted as her signature. Is it legal for him to sign her name? Named executor is NOT actively trying to probate the husband is. He is signing her name

Terry Lynn Garrett answered on May 22, 2019

It is not clear what you mean by "probate documents." If you mean a Will or a Codicil to a Will, please note that if a person is physically unable to sign before a notary and two witnesses, they may make an "X" or direct someone to sign on their behalf before a notary and two witnesses, with the... Read more »

1 Answer | Asked in Probate for Texas on

Q: My mother had a boss who left her $100,000 in his will. Seem to not be getting a straight answer...can you help?

My mother's previous boss left her $100,000 in his will and he passed in Feb 2017. His son went to probate court and was made executor and he applied for an extension to provide inventory to court. This was in July 2017. My mom knew about the will and even went to court house to see the will and... Read more »

Terry Lynn Garrett answered on May 21, 2019

A beneficiary has a right to request an accounting 15 months after an executor is appointed and to request that the executor be replaced if no distributions have been made 24 months after the appointment. If either of these "deadlines" have been reached, it might be a good idea to take a copy of... Read more »

2 Answers | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Texas on

Q: How do i evict deceased father's live in girlfriend from his home?

My dad passed away today. He has had a live in girlfriend for 9 years. They have separate accounts and not common law. She does help pay for some bills once in a while. How do his kids evict her since the home is 100% in his name.

Terry Lynn Garrett answered on May 20, 2019

File an eviction action in your local Justice of the Peace Court. If necessary, get the sheriff to enforce it.

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2 Answers | Asked in Probate for Texas on

Q: My father passed away and left a holographic will. We aren’t sure it is valid? How can that be determined?

Providing it’s not valid, could it hold a fight in probate court? My brother is 18 to be 19 so isn’t of legal age and I’m 23.

Mr. Troy Michael Moore answered on May 17, 2019

Are you located in Texas? Each has its own set of laws for probate cases. In Texas, it has to express testamentary intent and be wholly in the handwriting of the Decedent.

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2 Answers | Asked in Probate for Texas on

Q: My Father passed away last week in Lufkin. There is a will. I am executor. Does this require Probate?

My mother passed away 11 years ago. My father survived her and I am left, as executor, to settle all debts, sell the house and distribute assets. I don't know if this will require Probate or not. First time experience as an executor. The estate is to be divided equally between my sister and I - and... Read more »

Terry Lynn Garrett answered on May 14, 2019

A Will has no legal effect until a Court admits it to probate. Contact a local probate attorney. Since Texas allows estate administrations independent of Court supervision, if the Will is properly drafted, etc., this may be cheaper and faster than you think.

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2 Answers | Asked in Criminal Law, Traffic Tickets, Collections and Probate for Texas on

Q: How can I get my failuer to maintain financial responsibility citation dismissed

Also my criminal mischief charge dismissed

Grant St Julian III answered on May 13, 2019

Yes, any citation or criminal charge CAN get dismissed. What will happen in your particular case depends on the particular facts of your situation. Call a local lawyer. Good luck.

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2 Answers | Asked in Probate for Texas on

Q: How can I find the name of the probate lawyer who handled my father's estate

Terry Lynn Garrett answered on May 9, 2019

Harris County probate records, if not available online, are available from the county clerk.

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1 Answer | Asked in Probate for Texas on

Q: My father recently passes. I have his will but need to have it probated, It is a pretty standard will.

Can u tell me which forms I need to fill out to take to probate office?

Terry Lynn Garrett answered on May 9, 2019

You cannot just fill out forms and take them to some hypothetical "probate office." You must hire a probate attorney to present an application, the Will and the death certificate to court for probate (proving), submit an Inventory for the court's approval, notify beneficiaries and known and... Read more »

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