Lawyers, Answer Questions  & Get Points Log In
Texas Probate Questions & Answers
2 Answers | Asked in Probate for Texas on
Q: When you fire a probate lawyer. Do you have to pay her after that?

My lawyer is charging me for my emails to her , to the courts and to restract postings in the newspaper.

Alisha Melvin
Alisha Melvin
answered on Jun 1, 2023

If you have a balance or bill still due to the lawyer you still must pay the fees you incurred for their work on your behalf. That includes phone calls, emails, text messages, court hearings, conferences with other attorneys and the court and any other work performed on your behalf. READ your... Read more »

View More Answers

2 Answers | Asked in Probate for Texas on
Q: In Texas probate (heirship determination), is a Motion to Appoint an Ad Litem required for the judge to appoint one?

Is the heir's attorney required to file a motion in order to get the appointment of the Ad Litem, or does the judge automatically appoint one? There was no will in place.

Beth Ann Serafini-Smith
PREMIUM
Beth Ann Serafini-Smith
answered on May 17, 2023

Yes, in Texas, if you die without a Will, an Attorney Ad Litem (AAL) is required to be appointed by the Judge. The AAL's job is to represent any unknown or incapacitated heirs. The AAL will research the decedent's personal and family history and speak with family and at least 2... Read more »

View More Answers

2 Answers | Asked in Probate for Texas on
Q: In Texas probate (heirship determination), is a Motion to Appoint an Ad Litem required for the judge to appoint one?

Is the heir's attorney required to file a motion in order to get the appointment of the Ad Litem, or does the judge automatically appoint one? There was no will in place.

Beth Ann Serafini-Smith
PREMIUM
Beth Ann Serafini-Smith
answered on May 17, 2023

(continued:) The attorney must file a motion and an order to get the AAL appointed; the Court does not automatically appoint the AAL.

View More Answers

1 Answer | Asked in Probate for Texas on
Q: If my grandfather past away and I am the only grandchild how do I find out if I am left any thing ?
John Michael Frick
John Michael Frick
answered on May 16, 2023

Ask someone who was close to your grandfather before he died if he left a will and what he owned when he died. You might also ask anyone living with him if you can have access to his mail to see if he receives any bank statements or the like. You can also search for real estate in the county... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Who is the legal owner of my dads house and land now that he is dead? He left no will. He had a live in girlfriend.

At the time of his death, he had actually not been living at home, he had a small apartment. She stayed in his house. Nobody was ever told anything about him transferring the house and land to her but apparently he did using a Quit Claim Deed. He died in October but the deed was filed the following... Read more »

John Michael Frick
John Michael Frick
answered on May 8, 2023

It depends on facts not within your question.

If your father executed the deed and delivered it to his girlfriend with the intent to convey ownership to her prior to his death, but it simply wasn’t recorded until after his death, then it is most likely the girlfriend owns the property....
Read more »

1 Answer | Asked in Family Law, Estate Planning and Probate for Texas on
Q: Why change names on Deed of home just before death of spouse?

My father has late-stage Alzheimer's. He remarried before the disease to my stepmother. Since he has been in a memory care home she has purchased a different home than the one they lived in together. At first, the new home was in her name only. However, recently she changed the names on deed... Read more »

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

Without knowing the specific details of your father's and stepmother's situation and intentions, it's difficult to provide a definitive answer.

There could be several reasons for changing the names on the deed, some of which include:

Estate planning purposes: Your...
Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: property transfer without will next step

hello i need to know what my next move needs to be my mother passed 4 years ago and the property is in the estate of kathy but in c/o michael denson (myself) and my wife that i have been seperated with for 10 years is thretning to take my property my mother left a written will that is no where to... Read more »

Isaac Shutt
Isaac Shutt
answered on Apr 30, 2023

It sounds like the Central Appraisal District ("CAD") lists the Estate as the owner. If your mother's will wasn't probated, schedule a meeting with a probate attorney. Even if you can't find the original of your mom's will, you still need to meet with a probate... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: In our wills we both left our property to each other, if one of us dies will the other have to have the will probated?
Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

In Texas, when a spouse dies and leaves their property to the surviving spouse in their will, it may still be necessary to go through the probate process.

Probate may be required for various reasons, such as transferring title to real property, dealing with bank accounts, or addressing...
Read more »

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Mother died intestate. Son was appointed administrator. We want to sell her home. We have a pending offer.

The home was community property with her late husband, but it was also community property with his first, late wife. He was the first wife’s executor and trustee. Title company says we have to find first wife’s heirs but she died 20 years ago and her family is unknown to us. Where do we start?... Read more »

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

I don't think any move you can make regarding your Title issue can be resolved fast. Unless you quickly find all the heirs from the 1st wife, so they can sign-off, sell, or waive their possible rights to the property.

There is a solution, but it would require litigation ( a lawsuit ),...
Read more »

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Mother died intestate. Son was appointed administrator. We want to sell her home. We have a pending offer.

The home was community property with her late husband, but it was also community property with his first, late wife. He was the first wife’s executor and trustee. Title company says we have to find first wife’s heirs but she died 20 years ago and her family is unknown to us. Where do we start?... Read more »

John Michael Frick
John Michael Frick
answered on Apr 21, 2023

If the late husband was in fact the executor of his late wife’s estate, you ought to be able to look in the probate court records where his late wife’s estate was probated to get a copy of her will and determine who is named as an heir to the home. If the home was their community property,... Read more »

View More Answers

3 Answers | Asked in Estate Planning, Probate and Criminal Law for Texas on
Q: How effective is a Quit Claim Deed in Texas? Can it be challenged?

My bf died in October. He didn’t have a will. It was assumed his kids from previous marriage would take over his estate. In January (I still live in his house) I found a signed and notarized paper called a Quit Claim Deed. It was never filed. I looked it up and saw that it had to be filed at... Read more »

John Michael Frick
John Michael Frick
answered on Apr 16, 2023

If you recorded the deed after your boyfriend died, you should be concerned about being prosecuted for a crime. This is especially true since he never gave you the deed; you just happened to find it after he was dead.

I would hire a criminal defense attorney to see what you can do to claim...
Read more »

View More Answers

1 Answer | Asked in Probate for Texas on
Q: I have a check issued to the estate of with my father's name on it . I am the only living son will it go to me

Texas law it should fall under small estate affidavit

Alisha Melvin
Alisha Melvin
answered on Apr 15, 2023

The check is payable to the Estate and will need to be deposited into an estate bank account in your father’s name to be distributed to the rightful heirs. If dad passed with or without a will will determine how to handle and also the amount of the check and size of the estate.

1 Answer | Asked in Probate for Texas on
Q: husband died w/o will & mortgage in his name bought b4 we wed. Does estate pay off mortgage b4 it pays $ to his daughtet

I’m the ind adm of estate. I’m disabled. She would be responsible for the principal on home & me the interest taxes and insurance and then when I die she gets home. We had to sell his other home to pay some other debts So do all the debts get paid including the IRS and mortgage before any... Read more »

Alisha Melvin
Alisha Melvin
answered on Apr 13, 2023

You mention quite a few things here. All debts are to be paid or settled before distributing assests to heirs. However, that does not mean paying off the house. As the administrator you really should be working with an attorney. Any attorney, not just the attorney who filed the case for you, as... Read more »

3 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Should I get married or make a will?

I am 36(f) with two children under the age of 18. My assets are worth about 700k. My kids father and I do not have any sort of relationship. If something happens to me before my kids turn 18 my ex there father will have access to everything. My question is this: to avoid my ex getting his hands on... Read more »

Isaac Shutt
Isaac Shutt
answered on Mar 26, 2023

Yes, you should definitely get a will and NO you should definitely not get married for the reasons you mention. You should get an attorney prepared by an experienced estate planning attorney. Yes, it will cost a bit of money. However, those it would be SO worth it to have a Will done by a really... Read more »

View More Answers

1 Answer | Asked in Family Law and Probate for Texas on
Q: My biological mom passed, her fam. Not giving me nothing, how can I find out if my mother had a will, because they won't

My biological mom passed last week, and that side of her family aren't giving me any info, I would like to ask where in texas could I go to see if she had a will, or anything to see if she had me in her will? Ive tried to ask them, call them but I get nothing, not even a cone say your... Read more »

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

Her will, if she had one, would be filed in the probate court of the county where she was living at the time of her death.

If you are named in her will as one of her heirs, you will likely be given notice and asked to sign a form concerning the probate of her will.

If she didn’t...
Read more »

1 Answer | Asked in Probate for Texas on
Q: In 2000, my brother passed away and had no spouse and only one minor child.

I filed an Application to Appoint Dependent Administrator. The attorney said that since I was not his heir, I could not do it so we filed a nonsuit. The case was dismissed without prejudice but the case still shows as open. Can his child file an Application now that the child is an adult... Read more »

Isaac Shutt
Isaac Shutt
answered on Mar 21, 2023

YES, the child can definitely file an application for administration. However, now that the child is an adult, there are better options. For one, depending on what assets there are, there may not be a need for an administration. He may just need a "determination of heirship" only. If... Read more »

1 Answer | Asked in Probate and Estate Planning for Texas on
Q: I have a series of questions regarding a probate question regarding a shared property in Texas.

Scenario: The property was co-owned in a three-way split, a married couple and a single woman. One of the partners in the couple passed but left a will.

Questions:

1) Will the deceased's share go to the surviving-spouse, superseding the will and causing the property to... Read more »

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

1) Unless is will is successfully challenged, the decedent's 1/3 interest will pass to the heirs named in the will, subject to the surviving spouse's "widow's rights" which give her or him a life estate in the decedent's interest if the property was the couple's... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Can I use an Affidavit of Heirship at Wells Fargo to close my deceased mother's checking account?

I am trying to avoid probate since my mother's assets total $3000. After three phone calls to Wells Fargo estate department, they say that I need either a Order/Judgment of Heirship, or an Order Admitting the will to Muniment. The probate clerk in Texas said that if I file the Affidavit of... Read more »

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

Within the last year, we probated an estate for exactly that reason: Wells Fargo will not release funds on deposit in their bank without an order from the probate court.

You should contact a probate lawyer in or near the county where your mother lived at the time of her death. Depending...
Read more »

View More Answers

1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: I am a Life Tenant in a home now owned by Texas A&M foundation. Who is responsible for the HOA fees? It's a nightmare.

My own attorney was trying to force me or in her words " strongly recommended" that I sign a very one sided document with TAMU. I refused and at the hearing she let opposing counsel slander and lie to the judge with no objections. I was not included on the Zoom hearing or I would have... Read more »

Isaac Shutt
Isaac Shutt
answered on Mar 6, 2023

I'm sorry you're going through this. This sounds like a nightmare.

Anyway, to answer your question, the HOA fees issue should be specified in the document granting the life estate. So, the deed or trust granting the life estate should specify who is responsible for all of the...
Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I get a copy of my father’s will if I don’t know the law firm used?
Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 6, 2023

If you don't know the law firm that prepared your father's will, there are several steps you can take to try to locate a copy of the will:

If your father kept important documents at home, such as a safe or filing cabinet, check these areas for a copy of his will.

If your...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.