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Texas Probate Questions & Answers
2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Can a will be probated 15 years after death with a life estate involved?

My son was granted a life estate over his father's estate in the will. However, the will was not probated, and it has been 15 years since my husband's passing. There are other siblings involved as well. All of the assets in the estate are still available and intact, and there have been no... View More

Isaac Shutt
Isaac Shutt
answered on May 16, 2025

Assuming your Husband residing in Texas, the general time limit for probating a will is four years. However, there is a special type of probate (called "muniment of title") that can be initiated after four years. Most Texas courts will allow probate as a muniment of title beyond four... View More

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2 Answers | Asked in Probate, Real Estate Law and Estate Planning for Texas on
Q: How to sell property with title issues as sole beneficiary in TX?

I'm trying to sell my deceased mother's house in Collin County, TX. I am the sole beneficiary listed in her will and trust, and also the executor. The title company requires an heirship affidavit, but I can't find 2 people who knew her within the last 10 years to sign it, and there... View More

Isaac Shutt
Isaac Shutt
answered on May 13, 2025

As a Collin County Probate Attorney, I can say that Collin County Probate Court is often thought of as one of the fastest and easiest probate courts in the entire State of Texas. So, that's really good news!

If the deed to the house shows that the house is already legally owned by the...
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4 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate and Personal Injury for Texas on
Q: Am I liable for nursing home charges for my deceased mom in Texas?

I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on May 10, 2025

No generally you don’t owe anyone debts incurred by your mom. The only concern I would have is if upon admission you inadvertently signed some document accepting liability. I would request that the nursing home send you copies of any document you signing allegedly guaranteeing payment. If they... View More

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4 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate and Personal Injury for Texas on
Q: Am I liable for nursing home charges for my deceased mom in Texas?

I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More

Isaac Shutt
Isaac Shutt
answered on May 10, 2025

If you didn't sign anything agreeing to become personally liable, then only your mother's Estate is liable. You don't have to talk with them. If you end up doing a probate of your mother's Estate, then your probate attorney can advise you on how to correctly deal with creditor... View More

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4 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate and Personal Injury for Texas on
Q: Am I liable for nursing home charges for my deceased mom in Texas?

I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More

John Michael Frick
John Michael Frick
answered on May 12, 2025

Only if you agreed to be personally responsible for such charges.

Your mother, or her estate now that she is deceased, ought to be responsible for such charges. The personal representative of her estate should have paid any of those expenses before distributing any of your mother's...
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2 Answers | Asked in Divorce, Estate Planning, Probate, Real Estate Law and Family Law for Texas on
Q: What are my rights to protect my interest in the house in Texas, promised to grandson?

My wife and I have been married for 24 years, living in her original house in Texas. Her only daughter passed away 8 years ago, leaving two children. One of these grandchildren, who lives with his father in Denver, CO, is trying to claim the house after my wife's death. There is no will, and... View More

John Michael Frick
John Michael Frick
answered on May 8, 2025

It is unclear from your question what interest in the house you are trying to protect. You do have what are called "widow's rights" which arise regardless of your gender.

A surviving spouse has the right to use and occupy the homestead (family home) for their lifetime,...
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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: Can I get legal aid for muniment of title filing in Texas?

I have my mother's will and need to file it to change the name on the property. I can't afford an attorney, but I need to obtain a muniment of title. Can I apply for legal aid to help with this process?

Isaac Shutt
Isaac Shutt
answered on May 8, 2025

You can definitely apply for Legal Aid. In our area, that would be Legal Aid of Northwest Texas. If you don't qualify there, reach out to attorneys in your area who focus on probate in Dallas County. The focused attorneys may cost less than a general practice law firm. In fact, many... View More

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3 Answers | Asked in Probate and Real Estate Law for Texas on
Q: How to remove deceased spouse's name from house deed in Texas?

I need to remove my deceased spouse's name from the title deed of the house we co-owned in Harris County, TX. There is no will or probate involved, but I do have the death certificate and there are no other heirs or interested parties. I want to execute a Transfer on Death Deed in my name... View More

Isaac Shutt
Isaac Shutt
answered on May 8, 2025

You have a couple of main options:

The least expensive option is called "Affidavits of Heirship". Many people use probate attorneys to have these documents prepared. They're fast and relatively low cost. The only down side is that they're not totally ironclad. If you...
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3 Answers | Asked in Probate and Real Estate Law for Texas on
Q: How to remove deceased spouse's name from house deed in Texas?

I need to remove my deceased spouse's name from the title deed of the house we co-owned in Harris County, TX. There is no will or probate involved, but I do have the death certificate and there are no other heirs or interested parties. I want to execute a Transfer on Death Deed in my name... View More

John Michael Frick
John Michael Frick
answered on May 8, 2025

A Transfer on Death Deed (TODD) must be signed by your deceased spouse and recorded in the Deed Records before your spouse dies. So that is not a viable path.

IMO the best and least expensive option is to probate your deceased spouse's estate intestate, requesting an independent...
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Q: As a widow, am I entitled to royalties from my late husband's licensed patents?

I am the widow of an inventor who had numerous utility patents. He passed away unexpectedly at 55, and we were married for 15 years. I was unaware of these patents until eight years after his passing. His patents are licensed, and he told me we would be rich, but I didn't understand what he... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

Whether you are owed royalties depends on the language of any agreement signed by you or by your deceased husband permitting others to use the inventions he patented. If someone is using the patented inventions without permission, what constitutes a fair royalty can be one measure of any damages... View More

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2 Answers | Asked in Probate, Real Estate Law, Tax Law and Civil Litigation for Texas on
Q: Father died in Texas without a will; I've received a suit for delinquent property taxes

My dad passed away when I was a minor in Texas without a will, and my half-brother, whom I've never known, became the executor of the estate but did nothing. The court had ruled that the property should be sold and the money split between us, but I have not received any. Recently, I received a... View More

John Michael Frick
John Michael Frick
answered on May 6, 2025

First, you can hire an attorney to file an answer on your behalf in the delinquent tax suit. Your attorney may be able to negotiate with the taxing authorities to set up a payment plan for you to tax your delinquent taxes on the land you inherited. There are companies who will extend land loans... View More

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2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Is it valid for executor to keep sale proceeds without informing siblings?

I am dealing with an issue where the will specifies an even division of my deceased mother's estate among siblings. However, the executor has failed to inform us about the sale of the property and is keeping a large portion of the proceeds. We have raised concerns, but the executor refuses to... View More

John Michael Frick
John Michael Frick
answered on May 2, 2025

The executor will have to report the sale of real estate to the probate court and account for the proceeds of the sale. The heirs can obtain this information from the papers the executor must file with the probate court.

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2 Answers | Asked in Probate, Real Estate Law, Energy, Oil and Gas and Estate Planning for Texas on
Q: Help with title issues, life estate, and mineral rights royalty in Texas probate.

My wife passed away intestate in California, and a probate was filed there, along with an ancillary probate in Texas. There is uncertainty regarding the life estate and deed recording. Mineral rights royalties from an oil and gas company have been set up with my name and three children from my... View More

Isaac Shutt
Isaac Shutt
answered on Apr 27, 2025

Yes, you'll likely end up wanting an estates lawyer to review your documents and to advise you. However, if it were me, I'd reach out to a landman first. This may help you get even better results, faster, at a lower cost. Then, after a landman weighs in, then you can get an attorney to... View More

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Can the executor of an estate simply not dispense inheritance to a certain beneficiary should he so choose?

How is it insured all beneficiaries named have received their inheritance as per the wills dictation

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 22, 2025

If, after a reasonable time, the court-appointed executor refuses or delays distributing proceeds to beneficiaries named in the will, the court may order them to distribute or may remove them and replace them with another suitable executor. This will typically require the beneficiary to file a... View More

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3 Answers | Asked in Probate, Estate Planning and Real Estate Law for Texas on
Q: How to administer husband's estate with no will in Texas?

My husband passed away without a will. We are trying to administer his estate, which includes a primary home (listed as 'a married man'), a boat, two cars, and ranch land in another county in Texas. His daughters, one from a previous marriage and our daughter, are adults, and we are all... View More

Isaac Shutt
Isaac Shutt
answered on Apr 21, 2025

This is actually pretty straightforward, if all three of you are on the same page. You'll want to get a probate attorney to assist you with the probate process called "determination of heirship with independent administration". This will result in the appointment of an independent... View More

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2 Answers | Asked in Probate and Real Estate Law for Texas on
Q: How do we sell an inherited property in Mineral Wells, TX with one holdout?

My mother, who recently passed away, was left a property in Mineral Wells, Texas, in 'Et Al' with my grandmother's siblings as part of an inheritance. Now, all siblings have passed, leaving a son-in-law, a daughter-in-law, and multiple grandchildren. There is one holdout regarding... View More

Isaac Shutt
Isaac Shutt
answered on Apr 16, 2025

Yep. A lawyer can definitely guide you through this.

Step 1 - The lawyer will look at the real estate record to see what legal docs might be needed.

Step 2 - Depending on step 1, there might be some legal work to complete (such as a probate or affidavits of heirship)....
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2 Answers | Asked in Insurance Bad Faith and Probate for Texas on
Q: Life insurance proceeds issued to estate with no will or probate in Texas; potential bad faith?

Can life insurance proceeds be issued to an estate when no estate has been opened, especially if there is no will, assets, or probate involved? My mother’s life insurance named my dad as the sole beneficiary, but he passed away before her. The insurance company states their policy directs... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

With the policy not naming any contingent beneficiaries, the insurance company must issue a check for the policy proceeds to the Estate of the decedent. It would be bad faith if the insurance company issued the check to you and/or your siblings personally.

The executor of the...
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2 Answers | Asked in Child Custody, Civil Litigation, Probate and Family Law for Texas on
Q: How can I gain custody of my deceased brother's ashes in Texas?

I am seeking legal assistance to gain custody of my deceased brother's ashes. I am his sister, and he verbally requested me to handle his funeral arrangements and made me the beneficiary of his life insurance for this purpose. There are no existing legal orders regarding the disposition of his... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

You need to negotiate with your brother's estranged wife. In the absence of a written designation signed by your deceased brother, his estranged spouse is entitled to his ashes.

In the absence of a written Will, your brother's children are entitled to a substantial portion of...
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2 Answers | Asked in Probate and Real Estate Law for Texas on
Q: What legal rights do I have to my stepmother's property in Texas?

My stepmother passed away on October 6, 2024, before finalizing her will. I moved in with her a year before she passed to take care of her and am still living on her property. The property was originally purchased by my mother and father, but my dad received it in their divorce. Before my dad... View More

Gratia "Grace" P. Schoemakers
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answered on Apr 9, 2025

If the property was in your stepmother's name only, and she left no prior will that indicated you as a beneficiary/devisee, her estate will most likely pass through intestacy. Intestacy rules stated that her assets will pass to her children, not her stepchildren. Therefor, based on the... View More

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2 Answers | Asked in Probate, Estate Planning and Tax Law for Texas on
Q: Do coins get a step-up in cost basis if sold by the executor before estate distribution?

I'm the executor of a testate estate with a probate court providing letters of testamentary. The estate includes gold half eagle coins minted in 1880, 1901, 1911, and some silver coins. Before distribution, does selling these coins by the executor affect the step-up in cost basis?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 2, 2025

Generally, anything that passes upon the death gets an adjusted basis. So, as the executor, your legal requirement is to distribute the decedent's property pursuant to his/her will. For anything substantial, I would recommend that you provide a detailed inventory with as much detail as... View More

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