Texas Probate Questions & Answers

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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Q: My mother died over 4 yrs. ago with a will but my sister and I never probated the will. We found out that she had some

1 Answer | Asked in Probate for Texas on
Answered on Jul 15, 2016

Generally, you are unable to have the will admitted after 4 years, depending upon location, amount of money, debts of her estate you may be able to file a small estate affidavit and proceed in that direction. I suggest consulting with a probate attorney where you can speak in private and receive direct advice. It's never a good idea to do or not do something based on what an attorney might say in an online forum.

Best wishes to you and your sister.
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Q: how to find the attorney that is taking care of my deceased parents will

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Jul 5, 2016

I believe I answered this in another question. If not, please let me know and let's see if I am able to give you some ideas.
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Q: how to find the attorney that is taking care of my deceased parents will

1 Answer | Asked in Probate for Texas on
Answered on Jul 5, 2016

It looks like the same question posted several times. I did answer one of them.
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Q: how to find the attorney that is taking care of my deceased parents will

1 Answer | Asked in Probate for Texas on
Answered on Jul 5, 2016

Good Morning - I'm sorry for the loss of both your parents. A couple of ways I can think of to help you are to look online at the county in which you think the will is and see if it has been offered to probate or contact the probate department for that county, i.e. Bexar County has 2 probate courts and I would contact both, the clerk would be able to tell you the attorney's name and number if a probate action has been filed. Of course, you may also hire an attorney to do this for you;...
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Q: Do my stepbrother have right to the house? our parents were married his mother passed now my father passed.

1 Answer | Asked in Estate Planning, Family Law, Probate and Real Estate Law for Texas on
Answered on Jun 20, 2016

I'm sorry for the loss of your father. Did your stepmother have a will? If not, it may be possible that all of her share goes to her child, i.e. 100% of her 1/2 in the house (providing house was bought during the marriage). It also depends on how long ago and other factors,. It's best to consult with a probate attorney personally instead of seeking a definitive answer on this (or any other) forum. Best wishes.
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Q: What legal repercussions could a person face for using an atm card of a deceased person with no will to pay funeral cost

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Jun 15, 2016

I suggest you consult directly with an attorney as this won't be the best place to provide details, etc. If there is an estate and there seems to be as you mentioned a bank account, you may need to probate the estate to distribute funds to proper descendants, pay debts of estate etc.
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Q: What if your family hasn't close out a Probate Will in 60 years. What happens?

1 Answer | Asked in Probate for Texas on
Answered on Jun 7, 2016

Your question cannot be answered accurately without thoroughly assessing your personal situation; however, this forum isn't the place for it. I suggest you seek a consultation with a probate attorney in your area. Generally, a will must be probated within 4 years of death.
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Q: Please explain what signing a waiver( chapter 308 section A) pertaining my Dads will means and if it takes anything away

1 Answer | Asked in Family Law, Estate Planning, Probate and Real Estate Law for Texas on
Answered on Jun 7, 2016

I'm sorry for the loss of your dad. You've asked a lot of questions here and my advice is to contact a probate lawyer in your area for a free consultation. Generally, signing a waiver is either acknowledging you received notice of the probate and a copy of the will, although some waivers say that you have received all the things from the estate you were supposed to. It's best to go over this in person as you'll receive more accurate information. All my best - Tammy L. Wincott
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Q: mom died about 2 weeks ago. my brother is hiding information. How do I find out which probate lawyer he has if he wont

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Jun 7, 2016

I'm sorry for the loss of your mom and the difficulties with your family. Check with the probate clerk in the county where your mom lived to see if any legal action has been filed. If something has been filed, you will be able to get case information, etc.

I hope you find this answer useful. Best wishes - TLW
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Q: My husband passed away and he had no will. We have been married for 40 years. Do I have to do some kind of probate?

1 Answer | Asked in Probate for Texas on
Answered on Jun 7, 2016

I'm very sorry for your loss. You will most likely have to probate your husband's estate. I suggest speaking with a probate attorney in your area in order for you to get the best advice. Most probate lawyers have free consultation and you might even be able to get your questions answered over the phone.

All my best - Tammy L. Wincott
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Q: TX probate w/will, only asset is house, left to my sister and I. Do unsecured creditors have claim on house?

1 Answer | Asked in Probate for Texas on
Answered on May 13, 2016

The credit card companies would have to file a claim during the probate process or file a lawsuit and obtain a judgment; therefore, they won't have a regular claim. I'm sorry about your mom. You will need to offer the will for probate in order to transfer the deed on the house unless she had already transferred the deed.
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Q: Can I refuse to be part of probate for my brother? I don't want to have anything to do with the process.

1 Answer | Asked in Probate for Texas on
Answered on May 13, 2016

I suggest picking up the certified letter. They are required to give heirs notice of any action in which they might be beneficiaries, etc. There are ways for you to opt out of any part of the estate you might otherwise be entitled to. His opening a probate action does not constitute any type of illegal action. The funds, if truly part of the estate, will need to be validated, etc. before distribution to any rightful heirs.
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Q: My Father and Mother are deceased their home is on my property what rights do I have?

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on May 5, 2016

Please go see a probate attorney in your area to get valid advice for your personal situation. I'm sorry for the loss of your parents.
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Q: Life Insurance Policy beneficiary (PA is where insured passed away; I live in TX).

1 Answer | Asked in Probate and Consumer Law for Texas on
Answered on May 5, 2016

You need to establish who would have been the rightful beneficiary/beneficiaries. Insurance policies don't proceed as you would think. It would be nice if the policy paperwork was available for review. The funds may have become part of the estate and if your aunt was the sole beneficiary of that estate then it might be possible that the funds passed to your aunt's estate then to you through your aunt. I suggest meeting with a probate attorney and going over everything in detail in order to...
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