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Texas Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can I gain entrance to a deceased family members home to search for their will?

The only person with keys to the house is a non family member who was taking care of my uncle when he was sick, and he won’t hand the keys over.

James L. Arrasmith
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answered on Mar 14, 2024

Gaining access to a deceased family member's home to search for their will can be complex, especially when the keys are held by someone who is not part of the family. It is essential to understand that the process and legality can vary depending on your location. Typically, if you are the... View More

1 Answer | Asked in Estate Planning, Libel & Slander and Probate for Texas on
Q: Is this considered fraud if my gradfathers wife/ common law wife signs a warranty deed t her daughter w/o his signature?

I know they went to the court house and filed for a marriage license but I haven't found one yet se never claimed his last name but he is listed on the deed of trust his name first & hers following and now I found out she signed a warranty deed over to her daughter without my grandfather... View More

Anthony M. Avery
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answered on Mar 4, 2024

If Grandfather's wife owned an interest in property, she can convey it. Hire a TX attorney to search the title and determine present ownership. No fraud by your stated facts. Deed may have been a nullity with not interest conveyed. Grandfather would then have standing to file suit to... View More

1 Answer | Asked in Probate for Texas on
Q: My sister and I share the same mom, but her dad is my stepdad. Parents passed away. Am I entitled to 50% of their

Inheritance? They have a home in Puerto Rico. Land in his name, but also showed her name in the deed. Thanks

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

You are an heir at law of your mom, but not an heir at law of your stepdad.

Your sister is an heir at law of her mom and her dad.

If both of your parents passed simultaneously without a Will, you and your sister are each entitled to half of your mom's estate as her sole heirs...
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1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: Probate question. My home was put as seperate prop instead of comm prop and now at risk for foreclosure. How can I fix?
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The best and fastest way to prevent a foreclosure is to pay off the debt which is secured by the home. Whether the home is your separate property or community property shouldn't significantly impact the foreclosure process. If you can't pay off the debt entirely, contact the lender and... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

Anthony M. Avery
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answered on Feb 19, 2024

The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

If the title company is acting as the closing agent for the sale, it generally must report information concerning the sale on a Form 1099-S. That is why it is asking for your SSN. It is highly unlikely that a reputable title company will close the transaction without having the SSN for reporting... View More

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My grandpa passed. We couldn’t find will to probate. Two years later my gma passed with a will. We have found grandpas

Will that states he gives everything to my grandma. Do we still need to probate his will if there’s only one estate?

T. Augustus Claus
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answered on Feb 9, 2024

Even if your grandfather's will only leaves everything to your grandmother, and she has since passed, it's still advisable to probate your grandfather's will. Probating his will can ensure that his assets were legally transferred to your grandmother, which can then be properly... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Elder Law for Texas on
Q: I’m the POA and guardian of my grandfather and his estate. He sold it a month before death for 10 dollars. Is it legal?

I have been the POA and guardian for nearly 10 years. Right before his death other family members blocked my phone calls to him. I was not notified of his death and a month afterwards I found his obituary. When I went to the county records office I was notified he had sold his property a month... View More

John Michael Frick
John Michael Frick
answered on Jan 29, 2024

If you have been the guardian of your grandfather and his estate for that long, the court that appointed you 10 years ago must have determined that your grandfather was incapacitated and that a guardianship is necessary. Your grandfather's incapacity probably provides a valid basis to set... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: I need an attorney that's familiar with Texas ladybird deeds. Any recommendations? Time is off the essence.

We are being sued in probate court for a property that was left to us through a ladybird deed. We desperately need an attorney that understands the difference between a ladybird deed and a transfer on death deed.

John Michael Frick
John Michael Frick
answered on Jan 29, 2024

A TODD and a "ladybird" deed are very similar with three important differences. 1) A TODD does not provide a warranty of title, whereas a labybird can; 2) a TODD can only be signed by the actual owner and not by an agent acting under a POA; and 3) only the owner can retain a life estate... View More

1 Answer | Asked in Estate Planning, Family Law, Adoption and Probate for Texas on
Q: My uncle adopted me as his son in 2008 in Turkey. And he was a US Citizen. Now he passed away and his wife kicked me out

J

Isaac Shutt
Isaac Shutt
answered on Jan 28, 2024

Yes, you should hire a Dallas probate attorney as soon as possible. At a minimum, a probate attorney could research the probate court's records and then make recommendations to you for how to proceed.

If your father had a valid last will and testament, it's possible he gave...
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1 Answer | Asked in Probate for Texas on
Q: What Texas Laws and Procedures must I be aware of when I settle my mother’s liquid-assets only estate?

I live in Alabama and she lives in Texas. I am executor/administrator of her estate. Her only assets are about 90K in cash and savings accounts and in IRAs, all with named beneficiaries. What steps must I follow to settle her estate? What must be done in person?

Nina Whitehurst
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answered on Jan 11, 2024

Collecting accounts that have death beneficiaries listed is fairly simple. After your mother passes, just send a letter to each financial institution notifying them of your mother's death. Be sure to enclose an original certified death certificate, so be sure to order enough originals plus a... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for Texas on
Q: Mother died with a mortgage. No will. Heavy debt. I DO NOT want her house. M/C is suing me for mortgage. What do I do?

I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.

Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.

John Michael Frick
John Michael Frick
answered on Jan 9, 2024

You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.

If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole...
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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More

Jessica R. Ward
Jessica R. Ward
answered on Jan 9, 2024

I am very sorry for your loss. I am not in TX, but California. I agree with the other post, and talk to everybody to see if they were aware. The only thing I would add is that sometimes those who execute a Power of Attorney also record them in the county recorder's index where they live. This... View More

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More

James L. Arrasmith
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answered on Jan 9, 2024

To determine if your late husband had a Power of Attorney (POA) or to identify the executor and lawyers of his estate, you should first check any personal records he may have left. Important documents like a POA or will are often kept in safe places such as a home safe, filing cabinet, or a safety... View More

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More

Sheldon Starke
Sheldon Starke
answered on Jan 9, 2024

Please accept my condolences for this tragedy. I would start worth people know about lost things and your situation. Your jurisdiction is different than mine but people are not different. I would call the local probate court or better yet go there and talk to people who have encountered the same... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Texas on
Q: My estranged brother sent me a text giving me 5 business days to send him a copy of my mother's will in which she has

named me executor and sole beneficiary. I understand I do not have to show him this will until I have been appointed by the court, however, should I respond to his text? Would a response show that I am agreeing to text communication with him?

John Cucci Jr.
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answered on Jan 4, 2024

Your question does not state whether or not, anyone has filed to Probate, your mother's Will.

If he has filed it, you better get busy and submit a filing of your own. You should not wait.

You are correct, if you are named as Executor, you have control. But you must file soon....
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1 Answer | Asked in Real Estate Law, Probate and Small Claims for Texas on
Q: My dad passed away 12-26-22 Me and my sisters are co- executives now and my dad had will stating me and her 50/50

My question is I guess would be the ex girlfriend took everything out of house and vandalized his house they went as far as taking plug in the walls and cut and took wires and copper. They took ac unit and the central ac unit inside cleaned out the barn and garage. In the will it stated that she... View More

Nina Whitehurst
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answered on Jan 1, 2024

You have been wronged, for certain, and for most wrongs there is a remedy. The remedy in this case is the executors of your dad's estate can sue the girlfriend for theft and conversion. You can require her to either return the stolen items or pay the estate for the value of them. The... View More

1 Answer | Asked in Probate for Texas on
Q: Husband and wife die within a day, the wills left everything to the other. Is propety divided equally between heirs?

Married only to each other and 5 biological children together.

Isaac Shutt
Isaac Shutt
answered on Dec 30, 2023

It depends on what the wills say. Sometimes wills contains "survivorship" clauses. If there is no such clause, then the default section of the Texas Estates Code says one spouse would have to survive the other by 5 days in order to be considered to have survived. So, under the default... View More

1 Answer | Asked in Family Law and Probate for Texas on
Q: An executor did not submit the paperwork prior to the deadline. Can this person be sued for reimbursement of fees paid?

The executor did not file will/paperwork via probate courts however used deceased assets for personal use. An attorney was obtained and a judge signed papers releasing the home to the heirs. The executor is NOT included to be partial owner.

The desire is to recoup the funds, attorney and... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2023

It depends upon the facts and circumstances of your particular situation whether you can successfully recover such expenses.

While an executor named in a will has standing to file a proceeding to probate a will, there is no legal obligation on the executor to do so. An executor can...
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1 Answer | Asked in Probate for Texas on
Q: Daughter Pregnant By Man Who Lived In Ark He Died This Year His Estate In Probate Which Ends 12/31/23 Baby Is Due Jan

She Lives In Tx, Baby Due Jan 2024

Does She Need To Contest The Probate In Both Ark & Tx

John Michael Frick
John Michael Frick
answered on Dec 20, 2023

It depends. Your daughter should definitely file an appearance in the probate case indicating that she is pregnant with the decedent's unborn child. If the decedent has a substantial enough estate, the child may be entitled to support from the estate and should be entitled to a share of the... View More

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