Texas Probate Questions & Answers

Q: Ms. Garrett: Could my older brother & I call law enforcement on my brother who has locked us out & show the affidavit?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 24, 2017

You can always try.
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Q: To Terry Lynn Garrett: How could I obtain a deed for my deceased mother's home?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 24, 2017

If your mother has died, you will want to get the deed, with title insurance, in the name of her heirs (or, if she left a Will, her beneficiaries. A title company will issue a title insurance policy based on an Affidavit of Heirship. A court will not enforce an Affidavit of Heirship until five years have passed with no one coming forward to challenge it.

Many attorneys believe that the better approach is to probate the estate by filing an Application for Determination of Heirship and...
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Q: What could I do if my brother has changed the locks on my Mom's home that is heired to my oldest brother and I?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 24, 2017

Is it your oldest brother or a different brother? Do you have a deed to show the police?
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Q: Could my brother and I remove my other brother from the affidavit of heirship and have him evicted from my Mom's home?

2 Answers | Asked in Real Estate Law and Probate for Texas on
Answered on May 24, 2017

No. If he was born an heir, he is an heir.

If there is a landlord-tenant problem, please repost your question with more information under landlord-tenant.
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Q: my brother and ex wife hired a probate attorney concerning my fathers estate. this brother is executor.

2 Answers | Asked in Probate for Texas on
Answered on May 23, 2017

The attorney represents your brother in his capacity as the executor of the estate. The attorney does not (or should not) represent your brother in his individual capacity as a beneficiary, and the attorney is not the personal representative of the estate.

As the Executor, your brother is the personal representative of the Estate, and he is responsible for:

1) gathering all assets belonging to the estate;

2) pursuing all claims owed to the estate;

3) settling...
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Q: Dad wants to make sure youngest sibling receives house when gone. what must be done now.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on May 22, 2017

A Revocable Transfer on Deed Death may work for your Dad's situation. Have your dad speak with an estate's attorney for further clarification.
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Q: How to get AAL for adult guardianship case to investigate DPOA breach of fiduciary duty and joint bank account exploitat

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on May 22, 2017

If the proposed ward still has legal capacity, she can file a motion for a temporary restraining order (served that day) followed (in two weeks) by a hearing on an order to show cause why the current DPOA agent should not be removed and a permanent injunction ordering her not to use the DPOA. Someone who wants to revoke a DPOA must contact each and every place the DPOA might be used: third parties are entitled to rely on it until they have notice that it has been revoked. Send the notices by...
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Q: Q: Who can investigate exploitation of Mother's joint bank account quickly and accurately ? A private investigator ?

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on May 22, 2017

If you suspect financial exploitation, contact the Harris County District Attorney's office. Harris County now has an assistant district attorney devoted to addressing elder fraud. You will want to provide information not in your question, such as what steps, if any, APS took; why you (and your mother) believe that the Physician's Certificate of Medical Examination is in error; and how you know that funds were illegally diverted.

You can also hire an Approved Guardianship Attorney...
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Q: What is the best thing to do when you're feeling left out and taken advantage of. Probate case in Texas

2 Answers | Asked in Probate for Texas on
Answered on May 21, 2017

If the case has been filed for probate, you can find the documents online among the Dallas County Probate Court records. Even after all the proper documents have been filed and all the beneficiaries notified, it can take a few weeks to get a hearing. After the hearing a Notice to [Unsecured] Creditors must be published in the newspaper. Those creditors are given four months from the date of publication to submit a claim. Executors are generally advised not to distribute anything until after...
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Q: What are the attorney fees to probate a will in Collin County?

2 Answers | Asked in Probate for Texas on
Answered on May 17, 2017

Those vary with the attorney, the type of probate and the work required. In Texas, court filing fees are set but attorneys fees are not.
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Q: Can I assign my share in an estate settlement to another person before the estate is settled?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 15, 2017

The attorney who is handling the estate can provide you with a waiver of your rights to the estate if that is what you are looking for. If that is not what you are looking for, a probate attorney can help you with what you need.
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Q: Can i file a muniment of title in dallas county myself. Without having to hire a lawyer?

1 Answer | Asked in Probate for Texas on
Answered on May 14, 2017

No. Unlike an Affidavit of Small Estate, an Application to Probate a Will as a Muniment of Title cannot be filed pro se. But in many jurisdictions the filing fee is less than for an estate requiring administration. You may be pleasantly surprised.
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Q: I'm common law my late husband left me a 1/3 and put me as companion

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 13, 2017

Any beneficiary can submit the Will for probate: it need not be you. You may want to line up the people who witnessed the signature to testify in court. If you are the surviving spouse, you have a right to live in the home as long as you live even though others may also have a right to the sale proeeds.
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Q: Where did the assets go?

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

A beneficiary can demand an accounting from the executor. Hopefully the executor will direct the attorney assisting in probating the estate to provide this without you seeking a Court Order.
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Q: can a trusty refuse to help, a benificiarie, with funding for education ,if it is writen in the trust to do so, ??

3 Answers | Asked in Probate for Texas on
Answered on May 8, 2017

Much of this would depend on how the trust is written.
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Q: My dad died 17 years ago. He did not have a will. And we have not probated his estate. Do we have to go to court to

2 Answers | Asked in Probate for Texas on
Answered on May 7, 2017

If he left a Will, you can probate his estate as a Muniment of Title, a cheaper proceeding which only transfers title to the land. If he did not leave a Will, all his heirs can sign an Affidavit of Heirship and, based on this, divide the land. Some title companies will accept this. The courts will not enforce it for another five years, giving people a chance to object.
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Q: when parental rights had been terminated does that child have any claim to his stake in a will?

1 Answer | Asked in Probate for Texas on
Answered on May 5, 2017

Terminating a parent's right to make decisions for a minor child is not the same as terminating a child's right to inherit from that parents. If the child was later adopted, the adoption decree may or may not affect the child's right to inherit.
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Q: Can AAL/GAL pay mother's debts, serve Rev. of POA, request docs., before a permanent guardian is ordered by Judge?

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on May 4, 2017

An attorney ad litem or guardian ad litem does not have control of someone's finances but is appointed "ad litem," that is, "for the litigation." If there is no litigation, none will be appointed.

Your sister's refusal to accept that her authority under a power of attorney has been revoked can be met with an application for a Temporary Restraining Order (followed by an application for a Permanent Injunction.) In many counties you can do this without an attorney and get help applying...
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Q: Is my POA suspended when someone applies for adult guardianship? The Court has not yet appointed a permanent guardian.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Texas on
Answered on May 4, 2017

The POA is only suspended when a guardian is appointed. Without seeing the POA under which you act as agent, it is impossible to say what powers it gives you.
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Q: My husband died be 4 yeas the 14th this month I don't have money to pay a lawyer to get will probated , can I do myself

1 Answer | Asked in Probate for Texas on
Answered on May 4, 2017

Texas probate may not be as costly as you imagine. If your husband left no will and less than $50,000 (an amount which the legislature may soon raise to $75,000), you can file an Affidavit of Small Estate yourself with a small filing fee. Since four years have passed, if your husband left a will, you can only probate that will as a Muniment of Title, passing title to real property and cars. That requires a lawyer but has a lower filing fee. If your income is below a certain level, you can...
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