Texas Probate Questions & Answers
Q: Grandma suing my mom on behalf of my deceased step grandpa.
Carrie T. Schilling's answer
If your grandpa gave your mom permission to access and use the funds in his account while he had full mental capacity to do so, it is unlikely that fraud could be established in a civil case and even less likely in a criminal case. However, it depends greatly on the facts specific to the situation.
If your grandpa gave your mom permission to access and use the funds in his account while he had full mental capacity to do so, it is unlikely that fraud could be established in a civil case and even less likely in a criminal case. However, it depends greatly on the facts specific to the situation.
Q: Does the executor of the will have to be the one to probate the will or can the beneficiaries get the will probated?
Terry Lynn Garrett's answer
If the person named as executor cannot serve, he can file an Affidavit of Executor Who Will Not Serve and the person named as alternate executor (or, if none, a beneficiary) can apply to probate the Will.
Although Texas probate can cost much less than most people imagine, it is possible to file an Affidavit of Indigency and obtain free legal representation through Volunteer Legal Services. Lawyer Referral Services also has a modest means program with discounted legal fees (you must...
If the person named as executor cannot serve, he can file an Affidavit of Executor Who Will Not Serve and the person named as alternate executor (or, if none, a beneficiary) can apply to probate the Will.
Although Texas probate can cost much less than most people imagine, it is possible to file an Affidavit of Indigency and obtain free legal representation through Volunteer Legal Services. Lawyer Referral Services also has a modest means program with discounted legal fees (you must...
Q: Discovery resps are deficient a year later, OC is proposing mediation order signed by judge; what grounds can I object?
Terry Lynn Garrett's answer
IF mediation would indeed effectively close discovery (which it may not), the answer is in your question.
IF mediation would indeed effectively close discovery (which it may not), the answer is in your question.
Q: is dads original death certificate and myoriginal birth certificate enough to declare heir ship ?
Tammy Lyn Wincott's answer
No. There are a couple of ways of doing heirship in Texas and it depends on what you are trying to accomplish, whether there are other heirs, etc. If you are only trying to transfer title to a house, then one option would be to file "Affidavits of Heirship" in the County Deed Records where the real property is located. If you are trying to obtain funds in a bank account, insurance, etc. a formal proceeding will be necessary. Sometimes a Small Estate Affidavit "SEA" is used; however, it all...
No. There are a couple of ways of doing heirship in Texas and it depends on what you are trying to accomplish, whether there are other heirs, etc. If you are only trying to transfer title to a house, then one option would be to file "Affidavits of Heirship" in the County Deed Records where the real property is located. If you are trying to obtain funds in a bank account, insurance, etc. a formal proceeding will be necessary. Sometimes a Small Estate Affidavit "SEA" is used; however, it all...
Q: My mother's property was divided without including 2 of her children,
Terry Lynn Garrett's answer
A quit claim deed is not effective to transfer property whoever signs it. All it does is document that the person will quit saying that they have an ownership interest in the property.
Depending on what the decedent left and on the relationship among the heirs/ beneficiaries, an Affidavit of Heirship, Affidavit of Small Estate, Probate of a Will or Application for Determination of Heirship and Issuance of Letters of Administration should be used.
Please contact a local...
A quit claim deed is not effective to transfer property whoever signs it. All it does is document that the person will quit saying that they have an ownership interest in the property.
Depending on what the decedent left and on the relationship among the heirs/ beneficiaries, an Affidavit of Heirship, Affidavit of Small Estate, Probate of a Will or Application for Determination of Heirship and Issuance of Letters of Administration should be used.
Please contact a local...
Q: USAA HAS LOST ORIGINAL JTWROS SIGNATURE CARDS FOR PARENTS LARGE ACCOUNTS
Ben F Meek III's answer
This is a fact intensive issue that will turn on the evidence you can gather to show that her intent was to name you as TOD beneficiary. Gather every document that has to do with their dealings with USAA, their financial advisor, banks, brokerages, etc., and anyone else in the chain of communication. Much of it may be electronic. Your lawyer can help with that. Contact an experienced probate litigator as soon as possible. Good luck.
This is a fact intensive issue that will turn on the evidence you can gather to show that her intent was to name you as TOD beneficiary. Gather every document that has to do with their dealings with USAA, their financial advisor, banks, brokerages, etc., and anyone else in the chain of communication. Much of it may be electronic. Your lawyer can help with that. Contact an experienced probate litigator as soon as possible. Good luck.
Q: AUNT IS TRUSTEE / EXECUTOR OF ESTATE. I AM NAMED AS A BENEFICIARY. HOW LONG MUST I WAIT BEFORE RECIEVE MY PART
Terry Lynn Garrett's answer
That depends on how long it takes the executor to collect the property and pay the debts (including filing the final income tax return). 15 months after the executor is appointed by the court you may request an accounting. If there is no distribution 24 months after the executor is appointed, you may ask to remove her. Nationwide, the average time to settle an estate is two years. This one may or may not take longer.
That depends on how long it takes the executor to collect the property and pay the debts (including filing the final income tax return). 15 months after the executor is appointed by the court you may request an accounting. If there is no distribution 24 months after the executor is appointed, you may ask to remove her. Nationwide, the average time to settle an estate is two years. This one may or may not take longer.
Q: Can a family member claim unclaimed property in Texas if will has been probated?
Tammy Lyn Wincott's answer
If there is no named beneficiary on a life insurance policy, the funds become property of the estate. If his will indicated "all" property both real and personal would go to a beneficiary/beneficiaries then they would be the rightful ones to the insurance. The executor should act upon discovering new estate assets. With the finding of new assets there could be a chance for you to contest a will. I suggest meeting with a probate attorney to discuss further.
If there is no named beneficiary on a life insurance policy, the funds become property of the estate. If his will indicated "all" property both real and personal would go to a beneficiary/beneficiaries then they would be the rightful ones to the insurance. The executor should act upon discovering new estate assets. With the finding of new assets there could be a chance for you to contest a will. I suggest meeting with a probate attorney to discuss further.
Q: If a will has already been probated, how can I find out who the lawyer is to contact him?
Terry Lynn Garrett's answer
The probate or county court probate records will have the lawyer's name. In some counties these are online. Look by the name of the decedent.
The probate or county court probate records will have the lawyer's name. In some counties these are online. Look by the name of the decedent.
Q: Hi, how does a surviving spouse "get in" to a probate of a will where daughter was named independent executrix?
Tammy Lyn Wincott's answer
I strongly suggest the spouse consult with a probate attorney as soon as possible.
I strongly suggest the spouse consult with a probate attorney as soon as possible.
Q: I live in different states, But I am an executer of my Dad inheritance state, but I haven’t probated he’s wills?
Tammy Lyn Wincott's answer
In Texas a will is not valid and an executor may not act until the will and executor have been approved by a probate court. I suggest consulting with a probate attorney in the proper jurisdiction. If you lived outside of Texas and tried to probate a will here, you would need to name a registered agent within Texas and this is easy to accomplish.
In Texas a will is not valid and an executor may not act until the will and executor have been approved by a probate court. I suggest consulting with a probate attorney in the proper jurisdiction. If you lived outside of Texas and tried to probate a will here, you would need to name a registered agent within Texas and this is easy to accomplish.
Q: I am the Executor and heir to the decedent's estate in Texas. I have a Deed (unrecorded) to property. There is a will.
Terry Lynn Garrett's answer
You cannot sell property you do not own. A recorded deed is evidence of ownership. If the deed is recorded before death, the property passes by deed, not by Will.
If the person granting the deed has already died, maybe the title company will advise you to record Affidavits of Heirship to transfer the property. But you may need to present the Will for probate.
Please note that the Texas Estates Code requires that a Will be presented for probate (proving) within 30 days...
You cannot sell property you do not own. A recorded deed is evidence of ownership. If the deed is recorded before death, the property passes by deed, not by Will.
If the person granting the deed has already died, maybe the title company will advise you to record Affidavits of Heirship to transfer the property. But you may need to present the Will for probate.
Please note that the Texas Estates Code requires that a Will be presented for probate (proving) within 30 days...
Q: person ùwhom deliberately distroys a persons will still eligible to become heir after it was valdated they burned the wi
Kyle Robbins' answer
If they deliberately destroyed the will, then legally speaking that was not a successful revocation of it. In Texas you can still have witnesses who knew about the will and its contents testify to prove that it existed and should still be carried out. This is a complex issue and should be handled by an experienced probate attorney.
If they deliberately destroyed the will, then legally speaking that was not a successful revocation of it. In Texas you can still have witnesses who knew about the will and its contents testify to prove that it existed and should still be carried out. This is a complex issue and should be handled by an experienced probate attorney.
Q: My brother died, no will. His son may have already contacted a probate lawyer, do I need my own separate attorney. ?
Terry Lynn Garrett's answer
You do not need a separate attorney. However, you should be aware that since your brother died without a Will, his interest in the home will pass to his children (if he had no spouse), not to you. As heirs, they can bring a suit for partition. That means you must either buy them out or the house will be sold and the proceeds split. They may agree to lease their interest in the home to you for awhile -- or for life. For this, you will need a lawyer.
You do not need a separate attorney. However, you should be aware that since your brother died without a Will, his interest in the home will pass to his children (if he had no spouse), not to you. As heirs, they can bring a suit for partition. That means you must either buy them out or the house will be sold and the proceeds split. They may agree to lease their interest in the home to you for awhile -- or for life. For this, you will need a lawyer.
Q: I need an authorization for my granddaughters estate although she had no estate or bills or amounts due for w-2s
Tammy Lyn Wincott's answer
Please clarify what it is you need as I'm not understanding the question as is.
Please clarify what it is you need as I'm not understanding the question as is.
Q: My mother passed away 12/29/2016, my sister is the executor of her will. She refuses to finalize the estate.
Ben F Meek III's answer
Talk to a lawyer. Forcing the executrix to close the estate and distribute it does not constitute a challenge to the Will but is simply asking that it be enforced, which does not run afowl of the 'no challenge' clause. If you are a beneficiary in the will, you can also petition the court to Partition the property, which forces either a sale or buyout of your interest. If there is no partition, the beneficiaries under the will will become co-owners of the property. At that point, if you want...
Talk to a lawyer. Forcing the executrix to close the estate and distribute it does not constitute a challenge to the Will but is simply asking that it be enforced, which does not run afowl of the 'no challenge' clause. If you are a beneficiary in the will, you can also petition the court to Partition the property, which forces either a sale or buyout of your interest. If there is no partition, the beneficiaries under the will will become co-owners of the property. At that point, if you want...
Q: In a Texas will, when do monthly payments need to be made - after probate approved or after death?
Tammy Lyn Wincott's answer
The terms of the will do not take effect until after the will is admitted to probate; therefore, your first priority should be the application for administration.
The terms of the will do not take effect until after the will is admitted to probate; therefore, your first priority should be the application for administration.
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