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Texas Probate Questions & Answers
1 Answer | Asked in Probate for Texas on
Q: If I sign and cash my inheritance check does that mean I accept it and can't press charges if I need too?

My suppose to get my Inhertitenace check this week. If I feel the check is too low and I want to look further into what the executor did, should I not cash it? Is cashing it mean I accept everything he did?

Isaac Shutt
Isaac Shutt answered on Feb 14, 2020

You would probably be okay to cash the check. However, it is definitely better to have a consultation with a probate attorney. Many offer free or low-cost consultation meetings. When you meet with the attorney, bring the actual check you received in addition to all the paperwork you have... Read more »

3 Answers | Asked in Probate for Texas on
Q: What do I do if uncle says I receive no inheritance from grandparents, doesn’t show me the will, and hasn’t filed it?

The will supposedly went like this: If one grandparent died, the spouse gets all. Then it was divided equally among their 2 children.

However my father passed before my grandparents. When my father learned he had terminal cancer, he mentioned that my siblings and I would receive his share... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 11, 2020

Hire an attorney yourself to start a probate and petition to have yourself appointed as executor. That process will smoke out the will. Do this without delay because the longer you wait the more your grandfather’s estate will be “disappeared”.

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2 Answers | Asked in Probate for Texas on
Q: My mom passed away and she left me a large some of money, but my step dad says I have to wait until he dies? Why ?
Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 4, 2020

Maybe he does not understand how the Texas rules of descent and distribution work. Contact a local probate attorney about probating the Will or filing an Application to Determine Heirship.

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2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: parents died without a will, affidavit of heirship filed, how can deed be placed in younger sister's name if all agree?

property is in willacy county and we live in brazoria county

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 28, 2020

Relying on the Affidavit of Heirship (which a court will not enforce until it has been of record for five years with no one complaining that they were omitted), each of the other siblings can sign a special warranty deed granting their interest in the property to the younger sister as a gift. They... Read more »

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2 Answers | Asked in Probate for Texas on
Q: If child 18 yrs died 4 1/2 months AFTER her father in TX, is she an heir equal to her 4 siblings and 2 step siblings?

I asked Atty probating husband's estate several times in writing about deceased daughter. Atty said deceased child wasn't an heir; did not inherit share equal to siblings. Despite my concerns Atty filed estate documents w/out incl. deceased child as an heir. Now Atty sent me deed from estate to... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

If the daughter lived for 4 1/2 months after the father passed away then she is considered an heir at the time of his death because she was alive. At this point her share would belong to her estate or whomever it has been determined her estate belongs to. If there is a court probate proceeding... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Does paying back taxes on a commercial property whose owner deceased with no will; property in probate, give ownership?

Deceased 3 years ago and heirs have no interest in the property, likely due to all the back taxes.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

No. After the heirs probate the estate and receive their distributions, they may sell the property. Or a creditor may probate the estate, file a claim, be reimbursed and, after all bills of the deceased and the estate are paid, distribute what remains to the heirs. Contact a local probate... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Can I find any information on whether my father left a will in Texas?

My father lived and died in Waco Texas. He died on September 9, 2019.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 20, 2020

While some people deposit their will with the local probate court, most do not. Most people die without a will. If you have thoroughly searched your father's home an if he did not have a safety deposit box in which he might have put it, chances are good that he had no will.

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1 Answer | Asked in Probate for Texas on
Q: Is there a court appointed lawyer for probate?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

The Court does not appoint a lawyer in probate proceedings unless a person is incapacitated.

2 Answers | Asked in Probate for Texas on
Q: Is there a court appointed attorney to probate a simple will in Texas ?
James Norman Willi
James Norman Willi answered on Jan 16, 2020

No, I recommend you call an experienced probate attorney in the county that the deceased person lived.

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1 Answer | Asked in Probate for Texas on
Q: My grandmother's will is signed in 1972. I wasent born until 1982 my uncle did not notify the court that I'm an heir.

My uncle was the executor of grandma's estate.My father passed in1992 and ive been looking for his side of family to inherit my half of my father's estate.

I found his side and made contact on Facebook middle last montb mycousin told me her father took everything when grandma died and sold... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 15, 2020

Hire a local probate lawyer to argue that you were a "pretermitted heir" and would fall within "children" or "descendants" under the Will. Also note that people with a lot of assets also often have a lot of debt. There may not be as much there as you would like.

3 Answers | Asked in Probate for Texas on
Q: widow 12 years still paying property tax, still in probate for lack of will. who does property belong?

NA

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 15, 2020

Please check your facts. A Texas court would have dismissed the Application for Determination of Heirship for lack of prosecution after two years. Paying taxes does not transfer title.

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1 Answer | Asked in Probate and Estate Planning for Texas on
Q: My brother took my mom had her sign a will he drew up she was unable to sign I have proof of this

She was hallucinating she & HER son had no relationship my kids &I lived with her until they grew up now she had left almost everything to my kids & me my brother was very jealous of the fact my momma allowed us to live at her house she did everything for my children she did nothing at all for his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2020

That is very sad situation. There were legal remedies but it might possibly be too late for you to pursue them. Take all of your facts and documentation to a will contest attorney in your area to see if there is anything left that you can do. Do not delay any longer as time is of the essence.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: What type of lawyer do I need if the executor of my mother's estate is not cooperating with me and we are being sued?

Mother was in a nursing home on Medicaid and was supposed to have her estate released to D.A.D.S upon her death. It has been 3 1/2 years and they never took properties to my knowledge. My sister is the executor and does not want to let me know what is going on. We are now being sued by the... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 13, 2020

15 months after an executor is appointed any beneficiary can request an accounting. It is due within 60 days. 24 months after an executor is appointed a beneficiary who has not received a distribution can petition the court to remove the executor (assuming there is something to distribute).... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My parents have both passed , they left 3 burial plots in Houston Texas but they had no will can we sell these

How would we go about selling them and what proof would we need to do so I have original receipt where they purchased them

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 9, 2020

Contact the cemetery, they may have forms you can use such as affidavit of sale, etc. Otherwise, you may have to go through proceeding to show you are the rightful heirs.

2 Answers | Asked in Probate for Texas on
Q: How long does an executor have to file and complete the paperwork for a will?

It will be 15 months in february and the the estate is not closed yet. How long does he have to complete this? He seems to be dragging it out because he doesn't have time to do it. Will he eventually get in trouble with the court?

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 9, 2020

A beneficiary can request an accounting 15 months after the executor is appointed. The executor has 60 days to respond. If no distributions are made 24 months after the executor is appointed, a beneficiary can petition the court to remove the executor.

Please note that the executor must...
Read more »

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1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: I live in my grandparents house can my mom kick me out.

The house was left to my aunt, never probated the will. Can my mom kick me out

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 8, 2020

The will needs to be probated otherwise it's not valid. Until then the house passes according to Texas laws of intestate.

1 Answer | Asked in Probate for Texas on
Q: I owe court fees & probation fees will they take my federal tax return?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

Try asking this in criminal law. It isn't an a question for probate as that deals with estates for deceased people.

3 Answers | Asked in Probate for Texas on
Q: My grandmother passed without a will, but left my mother as the guarantor on her checking. Will it still go to probate?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 4, 2020

Being a guarantor does not give your mother access to the funds. If the account were "pay on death" or "joint with right of survivorship," the funds would be hers on presentation of the death certificate. If the account were "joint," half would be hers and half would belong to your grandmother's... Read more »

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2 Answers | Asked in Federal Crimes and Probate for Texas on
Q: My fiancee has been on a probation hold for almost 6 weeks now.how long can hold her without a charge being filled

She was arrested for a probation violation a so called dirty urine test which was bull..the probation officer hasn't even filed any charges yet and is just keeping her there without letting her know anything...can they just do that?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 23, 2019

Re-ask this in criminal law. This probate section is mainly for deceased people related questions. You should be able to get an answer in the criminal section.

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1 Answer | Asked in Probate for Texas on
Q: My mom died of mesothemaloma she had no property or land. She had frural paid by her insurance AARP Ishe had no debit

No hessness it states in her well that the executor of the estate get one precent of her law suite and will had all ready went to probate can she take an extra 4 percent of the estate if will states she to get only one precenr

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 19, 2019

I can't answer your question without knowing what the entire will states. It's best if you take a copy of the will to a proabte attorney and ask them that question in person.

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