Texas Probate Questions & Answers

Q: How to transfer ownership of a life insurance policy with no probated will, death > 4 years ago, estate >50K in Texas?

1 Answer | Asked in Probate for Texas on
Answered on Sep 28, 2016

When you say you are the named insured, do you mean you were listed as the beneficiary or your father had the policy in case of your death?
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Q: executor is planning estate distribution before will is probated. can they do this?

1 Answer | Asked in Probate for Texas on
Answered on Sep 28, 2016

A named person in as will as executor is not authorized to officially act as one until such time the will is probated with the courts and the Court grants permission. If you believe they are acting inappropriately you may want to consider theft charges or other civil action; again, as they have no authority to touch anything. I wish you the best.
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Q: My step father and mother had a will that said each other gets their house if the other passes first.

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Sep 28, 2016

I answered this question for you in the probate section.
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Q: I need to find out if my mothers will is still good.

1 Answer | Asked in Probate for Texas on
Answered on Sep 28, 2016

I'm sorry for your losses. One part of determining a will valid is whether or not they passed within the last 4 years as you must probate a will within 4 years. A will does not have to be registered with a courthouse to make it a valid will; however, in order for items/property, etc. to pass as wished it will need to be probated in court (makes everything official).

Best wishes.
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Q: Can a man disinherit his half brother from his fathers estate if the father and brother never met or made contact with

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Sep 19, 2016

The half-brother cannot disinheit anyone outside of his own heirs. The father would be the one to disinherit someone in his will.
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Q: If the home is in my husbands name with his ex wife will she get the house if he dies? In the will he gives it to me.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Texas on
Answered on Sep 19, 2016

That depends on his divorce decree. At the very least, you would get the 50% interest. But a probate lawyer would need to review the divorce decree to know with 100% certainty who gets what.
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Q: I hear it's not good to appoint two executors to your will. Why?

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Sep 19, 2016

It's not ideal to have two independent executors of your estate because they can each act independently of each other - devising assets away without notifying the other executor.
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Q: How do my siblings and I handle my father's estate now that has died without a will? Mother did 6 months ago.

1 Answer | Asked in Probate for Texas on
Answered on Sep 19, 2016

You can probate his estate or use Affidavits of Heirship to sell the vehicle and the house. Which one depends on a few more facts. You'll need to at least consult with a lawyer that handles probate prior to making the decision about which one.
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Q: My friend's Dad died without a will.

1 Answer | Asked in Probate for Texas on
Answered on Sep 19, 2016

If there was no Will, then the default Texas rules would not allow the stepson to be an heir, unless the deceased adopted the stepson before the stepson was 18 years old.
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Q: Can I sell my deceased mother's cars, her husband agrees, before going through probate, if we go through probate?

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Sep 19, 2016

The Affidavit states that you will not be offering the will for probate. If you plan on going the probate route, then you may want to hold off on using the Affidavit of Heirship until you've talked with a lawyer.
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Q: I have to get the original copy of the will which my sister has. The problem is, she won't give it to me, what do i do ?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Sep 19, 2016

The original Will is needed for probate. However, a copy of the Will can be probated. I'm not sure why the Title Company would want an original, especially if there was a probate (as the court would have the original). The Title Company would need the executor's signature on a deed transferring the property to you (which should have been done already).
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Q: What do I file with probate court if I feel the person handling the estate is being mishandled.

1 Answer | Asked in Probate for Texas on
Answered on Sep 2, 2016

Thank you for using Justia. I understand that you would like to know what to do if the person in charge of the estate, i.e. executor or administrator, is mishandling the estate. Depending upon the type of proceeding this is, i.e. will probate, guardianship, etc., you would file an objection, request to remove or similar type document. You are trying to bring it to the Court's attention that the person is in breach of their "fiduciary" duties. Best wishes.
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Q: My husband died I was served with eviction papers by the 66 % part owner my husband is 34% owner can I be evicted?

1 Answer | Asked in Real Estate Law, Probate and Landlord - Tenant for Texas on
Answered on Aug 31, 2016

I am sorry your husband died and you are now having to face another major issue. Typically this would mean you have a life estate or more commonly known as the right to live there until you die. You must still share in responsibility of upkeep, taxes, insurance, mortgage, etc. I suggest consulting with a lawyer for a private conversation that pertains to your particular facts. Best wishes.
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Q: Sisters inherit 3 lots from parents. One wants to sell, the other doesn't. What happens if half of taxes not paid?

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Texas on
Answered on Aug 31, 2016

For an inheritance to be valid it must be recognized by the Probate Court with jurisdiction over the estate, I cannot tell from your question whether this has actually been probated and there is an Executor in charge. Just because someone dies with or without a will it does not automatically pass (that happens in trust estates - equally complex area) to the heirs of that person or to the ones named as beneficiaries. Let's say there is an administrator/executor - then that person has a...
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Q: How do I become the executor of my deceased sister's estate?

1 Answer | Asked in Probate for Texas on
Answered on Aug 19, 2016

To be the Executor, your sister would have had a Will in which you were named. If your sister did not have a will, then you would File and Application to Determine Heirship and Request Independent Administration. There are many factors that would be reviewed as it could make a difference if your sister was married, had adult children, etc. You should consult with a probate attorney in your area who will provide you options for your personal situation. Best wishes.
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Q: What are the chances of someone winning a emotional distress suit on a deceased persona estate?

2 Answers | Asked in Personal Injury and Probate for Texas on
Answered on Aug 16, 2016

Get the estate probated, with an attorney, and if they haven't filed a claim they are out. Worth having an attorney do it.

To answer your question, highly unlikely. There's something called the Dead Mans Statute, so I would not contact them, someone says something to you just give a noncommital "is that so? Well I'll be..." and leave it there. Do not discuss this on social media or.....websites.
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Q: Does my mother in law forfeit her right to live in the house if she moves out of the house?

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on Aug 3, 2016

This is a month late; however, your husband needs to ask the attorney assisting him if he has the right to sell.
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Q: Do I need an attorney do get a Small Estate court order? Or, can executor (me per will) call c.house and do this?

1 Answer | Asked in Probate and Estate Planning for Texas on
Answered on Aug 3, 2016

Just because a Will names an Executor it does not make it legal until the Will is actually admitted to the Probate Court and the Executor named in "Letters Testamentary". If you are probating the will then there is no need for a small estate order. I suggest speaking with a probate attorney in the appropriate jurisdiction.
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Q: Mother died, left house to 3 children to be divided equally per will which has been probated. Can executrix (1 sister)

1 Answer | Asked in Probate for Texas on
Answered on Aug 3, 2016

You may need to file something with the court at this point. Best to speak with a probate attorney in the area the probate is pending. You will not be able to contact the Judge directly and their staff cannot give you legal advice for what you should do.
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Q: My mom passed 3 yrs ago. I pay the taxes but have not put the property in my name. what do I need to put it in my name?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Aug 3, 2016

You've posted this in Texas; however, it's not clear that this is where the property is, whether your mom lived here, or if there was a will, etc. Please contact a probate attorney for a detailed consultation. Generally, paying taxes does not entitle one to put the property in their name.
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