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

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... View More

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

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

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... View More

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,... View More

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

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... View More

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... View More

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

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

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.

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

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

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

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).... View More

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... View More

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... View More

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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

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