Lawyers, Answer Questions  & Get Points Log In
Texas Probate Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: How can I get the property transferred into my name without a will or going through probate?

In 2017 both of my parents passed away, my mother owned a portion of the 2 acres located in Texas where she lived until her death, while my uncle in California owned the rest. After the passing of my mother, the entirety of the estate went to my uncle, (Still under his name) couple of months later... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 15, 2019

If all heirs agree then there is a way to do it without it going to probate; however, it requires a great deal of detail and I suggest hiring a lawyer to help you.

Whether or not anything was probated in CA will also be important. Again, it's best to consult directly with a lawyer.

2 Answers | Asked in Probate for Texas on
Q: .y father died without a will. How do I know if I can just do a small estate affidavit or if I have to go thru probate.

I am being told by his creditors I need letters of testemonary, affidavit of heirship to sell his house, or become executor of the estate to collect money he left my brother & I as beneficiaries in an IRA. There is no money in dad's estate.

Isaac Shutt
Isaac Shutt answered on Oct 14, 2019

If there's a will, you cannot do a Small Estate Affidavit. You will need to do a will probate.

View More Answers

1 Answer | Asked in Probate and Estate Planning for Texas on
Q: Does Texas accept a legally transcribed Declaration if Heirship from Puerto Rico?

They died intestste11 months apart in Puerto Rico. They had assets un Texas. Money in bank accounts, CD's, my mother's spousal IRA that matured the year she died, stocks with the same company as the IRA, and oil/gas rights.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 14, 2019

Short answer is yes it can be done; however, it has to meet certain criteria and there must be certain steps taken to actually authenticate everything for Texas. I suggest you speak with a probate attorney in Texas.

3 Answers | Asked in Probate for Texas on
Q: What should I do if a close friend left me property in his will but his heirs aren’t interested in opening probate?

His heirs are distant relatives and none of them want to be administrator. Also, the will is handwritten and a copy was sent to me by his cousin because she thinks it’s not fair that her other cousins aren’t taking action on his estate. Do I have any recourse? If I open probate as an interested... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

As a beneficiary under the will you are an interested party. You could open the probate yourself.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom died without a will. Are the jewelries will be part of the estate?

Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children, we have witnesses. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 11, 2019

Contact a probate lawyer for further guidance and do not wait too long to do so.

2 Answers | Asked in Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate for Texas on
Q: My father passed away intestate (no will), he owned his home, am I responsible for paying his utility bills?

Are his children responsible for paying the light, water, and gas bill? We plan to sell the home once cleaned, but no one is living in the home since his passing.

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 11, 2019

After the Court appoints an administrator, giving that person authority over your father's property, that person is responsible for maintaining the estate.

Meanwhile, you and your siblings may want to keep the utilities on in order to maintain the property in good shape. That should bring...
Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My father passed away intestate, but he left my name as beneficiary on his bank account. What are my responsibilities?

Am I required to disclose the amount to anyone? Do I have to split it with anyone? Am I supposed to use it to pay his bills? He did have life insurance with another relative listed as the beneficiary. He also owned his home and his vehicles. I want to make sure I'm doing the right thing.

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 9, 2019

If the account was pay on death to you or joint with right of survivorship in you, the money is yours on presentation of a death certificate and identification.

View More Answers

3 Answers | Asked in Probate for Texas on
Q: My father passed away and he was married to my stepmother There is no will Am I entitled to anything
Isaac Shutt
Isaac Shutt answered on Oct 5, 2019

YES! You are entitled to property. In fact, under Texas Law you're probably entitled to receive more of your father's property than your stepmother. Reach out to a probate attorney as soon as possible to schedule a consultation meeting so that your inheritance rights are preserved.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My father was married to my Step-mom for over 40 years.....he has died recently but home deed was never in his name.

Do we children from him have any rights as heirs to home at all?

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 3, 2019

If the home was purchased by wife before they got married you have no rights to the real property.

5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does a deed need to be in parent's name in order to be considered an heir to property?

Parent died and spouse still living but the house deed was never put in his name.

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 3, 2019

Yes. The deed is not just some piece of paper but the official record of who owns the property.

View More Answers

2 Answers | Asked in Probate for Texas on
Q: When was the executor appointed?

If I have to wait 15 months after the executor has been appointed to demand accounting. How do I know when that is? The executor was named in the will. So was he appointed the day of the death?

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 3, 2019

An executor is appointed by the local probate court. Check the court records.

View More Answers

3 Answers | Asked in Estate Planning and Probate for Texas on
Q: My mom died without a will. Are the jewelries will be part of the estate?

Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want to show us the... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 3, 2019

Everything she owned is part of her estate. Personal property which she bought before the marriage is her separate property, a share of which passes to her children from a previous marriage.

Any heir can probate the estate. Hire a local probate lawyer.

View More Answers

3 Answers | Asked in Probate for Texas on
Q: Can I take the Executor to court if hes not doing things correctly?

The will states that if I contest or attack the will I lose my inheritance. It also states that we can no go to court over the administration of the estate other than all the filings the executor has to file with the court. But can I take the executor to court if hes being fishy about things? He... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 2, 2019

Some Wills allow the executor to make distributions before paying all the creditors. You might want to review the Will before concluding that the action was "fishy." If an executor does not provide an accounting, you may hire an attorney to file a Motion for an Order to Show Cause. If the Court... Read more »

View More Answers

4 Answers | Asked in Probate for Texas on
Q: The executor of our will is saying that he does not to show us any paperwork except the will. We asked to see the pape

The executor of our will is saying that he does not to show us any paperwork except the will. We asked to see the paperwork to show how he came up with the inheritance amount but hes saying he doesn't have to show us. It's being split between 2 people. There's a sale of a condo, then repayment... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 2, 2019

15 months after the executor has been appointed by the court a beneficiary may demand an accounting. An executor has 60 days to produce the accounting.

View More Answers

3 Answers | Asked in Probate for Texas on
Q: How do I remove my deceased parent's name from deed then add my name?

I'm the executor of my father's estate and probate has opened. My mother is the sole beneficiary. Both their names are on the house deed but no Transfer on Death language is in the will or on a signed form. I'm my mother's beneficiary for real property and am now paying for repairs to their house... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 1, 2019

That is possible but more often than not it is not the best idea for your mother for tax, liability, asset protection and other reasons. Your mother should consult with an estate planning attorney or an elder law attorney. There are other ways to ensure you receive the property at your mother's... Read more »

View More Answers

2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Is moms will valid from 1983, I found yesterday, if she died in 2016? Will it be honored?

I'm the only beneficiary for mom.when she died we didnt k ow she had a will so my stepdad became the beneficiary. He gave me a choice to sell or move into my home now which belonged to mom. Theres a note in his name and I'm supposed to be paying this but due to financial strain he has been and is... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 29, 2019

A will does not become stale or invalid with the passage of time. Find yourself a local probate attorney right away. If no probate was ever begun in the past, it might not be too late to right these wrongs. Probate fees are usually paid out of the probate estate.

View More Answers

2 Answers | Asked in Probate for Texas on
Q: How do I relinquish executorship in Texas, when I'm in Iowa?

My brother passed away last month in Montgomery County, Texas. He named me as executor (I'm in Iowa), and my mother as secondary (she's in Texas). How do I go about relinquishing executorship to her, as it will be much easier for her to handle the estate since she's there?

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

The starting point is for your mother to hire a probate attorney to file a petition to probate the will and appoint her as executor.

View More Answers

2 Answers | Asked in Probate for Texas on
Q: How do we handle a retirement account with no beneficiaries?

My brother passed away last month in Montgomery County, Texas. He left behind a mountain a medical and credit card bills, and three retirement accounts, only two of which have beneficiaries. The third account was recently transferred into his name, and he hadn't had a chance to add a beneficiary... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

First contact the plan administrator and notify them of the plan participant’s death. Some plans default to the estate but others default to spouse, children etc. if it is the estate for this plan you are going to need to hire a probate attorney.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I file to get a judgement against me based on false information?

Sulphur. OKLAHOMA

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

Your facts are not clear but it sounds like there is already a judgement against you and you think it was based on false information. However, if it has already gone to judgment then your opportunity to defend against the false claim has already passed. You should have presented your side of the... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Does my POA make me responsible to pay my mother's hospital bill while she is alive?

My mother, who lives in Texas was diagnosed with a terminal illness. She has but a few weeks to live. I have durable POA over her financial affairs. She owns no real property and has personal property of no value. Her only assets are in a POD bank account and a TOD brokerage account. The... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 20, 2019

A Durable Power of Attorney grants you access to your mother's accounts to pay her bills, to the extent there is money in the accounts. It does not give your mother's creditors access to your accounts -- unless you avoid paying outstanding bills in hope that everything will pass POD/TOD, thus... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.