Texas Probate Questions & Answers

Q: Is it possible to get a misdemeanor probation revocation warrant lifted without jail time?

1 Answer | Asked in Criminal Law and Probate for Texas on
Answered on Feb 18, 2017

In general you have to appear before the judge that put you on probation in order to get a probation revocation warrant lifted. The judge doesn't necessarily have to book you into jail in order to lift the warrrant, but that is typical (and depending on the charge and circumstances, it may be highly likely). This is definitely a situation where a lawyer can help you navigate the process.
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Q: My wife was heir to her deceased dad's home. The will is lost. Her family sold the house without her consent

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Feb 17, 2017

Contact a probate lawyer in the county where he died. Too many Affidavits of Heirship are inaccurate.
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Q: My mother and I were willed my grandmother's home.Whose passed. If we both are living there now, can she put out?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Feb 17, 2017

If you and your mother were both willed the home, both your names should appear on the Distribution Deed filed with the county clerk of the county where the property is located. Either of you can file a Motion to Partition. This will either force the other to buy out the interest of the person filing or force a sale of the home with the proceeds of the sale payable to you both. You might want to see a local probate attorney.
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Q: My mother died 4 months ago, left no will. Her vacant house is behind 16+ pymts ($12,000+( now. Owed.) how to proceed?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Feb 16, 2017

You can apply to the Probate Court to be appointed as the Administrator of the Estate. As the Administrator you can hold off the foreclosure, take whatever steps are necessary to get the property sold, then settle up with your mother's creditors and distribute her estate to her heirs.
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Q: My father (Texas) has died. He is survived by a second wife and 2 daughters and by me and my brother.

2 Answers | Asked in Probate for Texas on
Answered on Feb 16, 2017

If there is no will, you and your brother are entitled to most of your father's separate property (property acquired before marriage, property received as a gift or inheritance during marriage, property acquired with separate funds during marriage). You and your brother are also entitled to your father's half of the community property. You should hire a Texas probate attorney to review the documents you've been provided, look into any probate filings so far, and advise you of your property...
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Q: Is there an attorney that i can use for mutiple reason.probate.realestate .workmanscomp.liscense .lawsuit

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Workers' Compensation for Texas on
Answered on Feb 15, 2017

It depends on the attorney. Some attorneys focus on multiple areas of the law, while others only focus on one or two. Good Luck.
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Q: I am trying to get my mom's death certificate amended.if the jp won't do it what court do I go to?

2 Answers | Asked in Probate for Texas on
Answered on Feb 9, 2017

This case was posted under Domestic Violence but I think you can get a better answer by consulting an attorney that does Wills & Estates work .... probate law.

Another possibility is to consult with the criminal District Attorney's office in your county. They are responsible for prosecuting murder cases and, although there is nobody alive to prosecute, they can might be able to point you in the right direction for who to contact and how to approach it.
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Q: Can you probate an estate pro se? Does credit card debt die with the decedent?

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Feb 8, 2017

You CAN probate an estate 'pro se' but you can also remove your own appendix. Because you CAN do something, does not mean you should do it in other words. There are MANY traps for the unwarry, and if you don't probate the estate properly, it can come back to bite you!

Credit Card debt doesn't 'die' but it DOES need to be handled properly. Often it can be 'negotiated' but an experienced attorney can help you navigate that process properly to avoid issues.

In short, hire a local...
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Q: How to transfer a gifted oil royalty from a deceased person with no will.

1 Answer | Asked in Energy, Oil and Gas and Probate for Texas on
Answered on Feb 3, 2017

You need to consult a lawyer on this. It seems to be a very complex situation. Having said that, it appears that the estate needs to be probated, even though there is not a will. This is called "intestate succession". The laws of Texas will govern how the property is to be distributed, and it is different for community property than separate property. Once you go through this process, someone will be able to properly pass the property on under the law. Then you can show the oil company...
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Q: Can I travel from Texas to Oklahoma with deceased remains for burial via car?

1 Answer | Asked in Probate for Texas on
Answered on Jan 16, 2017

No. By law the body must be shipped in a special container which prevents liquids from dispersing as it decomposes. Contact a local funeral home to arrange to have it shipped by train or hearse in the proper container.
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Q: Can my sister sell back my dad's truck without getting in trouble?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Jan 14, 2017

How can she sell something she doesn't own?

No, you need to probate the estate, if there is equity to be divided, and do this properly.

Seek a local probate attorney to help you through the process if you don't know how to begin this process but don't delay.
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Q: Who is financially responsible for shipping items left in a will?

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Texas on
Answered on Jan 3, 2017

A will must be probated with the court to be valid. Generally speaking, it is the Executor's responsibility to pay all debts and distribute to beneficiaries.
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Q: My brorhers kept my share of a structured settlement. Can something be done?

1 Answer | Asked in Probate and Wrongful Death for Texas on
Answered on Dec 28, 2016

If he was a legal guardian you should be able to go after him. If there was a structured settlement there's a paper trail.

If you want start researching the paper trail. Contact a member of the Texas Trial Lawyers Assn who handles estate related matters. Several violations involved too..
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Q: My brother is executer of father's will. The will never went probate. In the will my father stated he wants the

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Dec 23, 2016

While in theory title to the house could be transferred by an Affidavit of Heirship recorded with the clerk of the county where the property is located, the Will should be probated. Texas Estates Code 252.201 requires that a person who possesses a Will turn it over to the court clerk when informed of the death. Secreting or destroying a Will is a criminal offense.

If someone is refusing to do this, asking them or hiring a lawyer to ask them to do this will inevitably put you in...
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Q: can a guardian of estate be paid if they did not file each year or even at final accounting?

1 Answer | Asked in Probate for Texas on
Answered on Dec 22, 2016

The Court may agree. Contact an Approved Guardianship Attorney in the county where the guardianship was established. If the court does not have a list on its website, call.
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Q: My dad died with no will and then my sister sold my dads house without telling any of heirs of his estate.

1 Answer | Asked in Probate for Texas on
Answered on Dec 22, 2016

Did your sister probate his estate? If so, the heirs should have been identified and notified and their fractional interests set out as part of the process. Check the records of the probate court (or, if there is none, the county court at law) where your father died and the deed records of the county clerk where the real property was located.

Whether or not your father's estate was probated, you may need an attorney to help you recover your interest in your father's property. Good...
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Q: Can we use an Heirship for Title to dad's car and Muniment of Title (foriegn will) to access the bank account?

2 Answers | Asked in Probate for Texas on
Answered on Dec 7, 2016

In Texas an estate can be probated as a Muniment of Title if there are no debts not secured by real estate. Is there a car loan?

Please also check to see whether the Trust was a Revocable Living Trust. These should be accompanied by a "Pour Over" Will which pours everything which was not in the trust at death into the trust. That Will should have "poured over" the car and the Texas bank account into the Trust. It should have been probated.

A Will should also have been...
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Q: My ex husband passed and his sister has failed to include our adult daughter he legally adopted in Texas of his estate.

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

She will most likely need to file a probate action.
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Q: Father died had power of attorney who wants living heir to sign off on car title. Does the heir have rights to said car

2 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Answered on Dec 3, 2016

I am sorry for the passing of your father. A POA ceases to exist upon a person's death.
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Q: Can I file my mothers will as Muniment of Title under these circumstances?

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Nov 28, 2016

For probate as a Muniment of Title, an estate must have (1) a will and (2) no debts not secured by real estate.

Talk to a local probate attorney about the possibility of filing an Affidavit of Small Estate.
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