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Texas Probate Questions & Answers
1 Answer | Asked in Probate for Texas on
Q: Do I need to have husband’s will probated?

He died 8-15-21 and did have a will, leaving everything to me. I have ownership of our mobile home, but the land is in this name. I was told by Bell Co. tax office I need to have land in my name. Do I have to have will probated to accomplish this?

Isaac Shutt
Isaac Shutt
answered on May 10, 2022

Yes, you'll need a probate attorney to help you with probating the will. You may be able to do the lesser expensive version of probate called "Muniment of Title", if all you're transferring is the land.

1 Answer | Asked in Family Law and Probate for Texas on
Q: What rights do I have as a "issue" on a will?

My grandmother passed in 2011, then my mother passed away 2013. My uncle is trustee of my grandmothers Will. My grandmother had a property and stated in her Will "Upon the sale and liquidation of the property, all net proceeds shall be paid to my children, and if any should not be alive then... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 17, 2022

Your question does not have enough facts . Please repost with detailed facts so your question can be answered

1 Answer | Asked in Contracts, Family Law, Probate and Estate Planning for Texas on
Q: How do I prove i signed a will under false pretenses ?

Back in October of last year, my partner was diagnosed with cancer, His daughter came to where we reside and had been discussing power of attorney with me and I said yes I would let her be responsible for his healthcare should his condition worsen after his surgery. My partner was at a hotel and... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 14, 2022

Wills can be revoked. The easiest way to revoke them is to get them back and burn or shred them. I suspect that will be difficult to impossible in your case, however, so you will have to use the other method, which is to do new wills that expressly revoke all prior wills. Then entrust them to... Read more »

1 Answer | Asked in Probate for Texas on
Q: In the state of Texas can I be made to get an attorney & go through probate for my birth Mother that died intestate?
Nina Whitehurst
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Nina Whitehurst
answered on Mar 23, 2022

Nobody can be FORCED to administer a decedent's estate. That would be slavery and a violation of the United States Constitution. Usually the next of kin takes on this task, but not always. You may or may not even be considered next of kin if your mother gave you up for adoption. Your facts... Read more »

1 Answer | Asked in Probate for Texas on
Q: My brother died 2 months ago. He has a will and my cousin is the executor as well as a beneficiary and my two grown sons

My cousin will not provide copies of the will to my sons and does not want to probate the will. My brother leaves nothing but personal belongings and a car. The executor says the beneficiaries will be responsible for probation fees up to $10k. This is a plain incontestable will. Nothing specific... Read more »

Isaac Shutt
Isaac Shutt
answered on Mar 17, 2022

Probate does not cost $10k. Typical cost is more like $2k-$3k, at least with our office. You can talk with a probate attorney. Probate is done in the county in which the decedent resided at death. If he died in Hawkins, you could probably get a probate attorney in the Dallas area to handle the... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom passed away Jan 26 2022 ,she didn't have a will,she has 4 children and no spouse ,she owned a home ,do I need a l

She also had over ten thousand dollars in her bank account that my older sister has emptied out excep100 dollars ,can she sell the estate ,do I need a lawyer

Todd Alan Marquardt
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Todd Alan Marquardt
answered on Mar 11, 2022

Yes, you will need an attorney to represent you in Administration and Heirship proceedings. An administrator for the estate would need to be appointed to have the power to sale property. As for the bank account, the account set up would need to be reviewed to see who owed the account. please feel... Read more »

1 Answer | Asked in Probate for Texas on
Q: Can an adjudication of guilt on my record as a felon in Texas mean that I cannot be an Independent Executor?
Paul Premack
Paul Premack
answered on Mar 10, 2022

Flat out "yes". A felony on your record is a disqualification by law, and a court cannot allow you to act as Executor even if you are so nominated in the person's Will.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Texas on
Q: What form can I use for sibling inheritance buyout real estate form

My sister wants to buyout my half of house that we both inherited. What form can I use to put it In writing

John Cucci Jr.
John Cucci Jr.
answered on Feb 25, 2022

I couldn't give you the name of any particular form for the transaction you wish to make with your sibling. There are many issues to consider. Without a full review and search of the records and deeds regarding the property, and the manner in which your parents received the property, I could... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My father just passed away and I am his only biological child. So, in the matter of his belongings/estate there is only

What steps do I need to take?

Todd Alan Marquardt
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Todd Alan Marquardt
answered on Feb 21, 2022

The next step would be to probate his estate so that assets can be transferred. Probate of the estate can go a few ways but generally is the probate of a Last Will and Testament, which is the ideal probate, or by submitting an Application for Administration with heirship proceedings if there was... Read more »

1 Answer | Asked in Probate for Texas on
Q: Does someones belongings inside a home count as part of their estate?

My grandmother died in December of 2020. They had my uncles name put on the house before she died.

He sold the home and threw away everything inside. Does that stuff count towards her estate or no since his name was on the house?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 10, 2022

This question cannot be answered definitively without seeing the actual documents, but usually transfer of real property by deed does NOT convey the contents. So most likely the contents of your grandmother's home were part of her estate.

1 Answer | Asked in Probate for Texas on
Q: My sister is executor of Dads will. She has dementia and has not filed the will for probate . How can I get her removed?

I need help getting her to file the will for probate or removed from executor as incompetent. She doesn’t recognize me has her sister. It’s been 1 1/2 years since Dad died and he had a large estate.

Isaac Shutt
Isaac Shutt
answered on Feb 8, 2022

If she hasn't filed the will for probate, then YOU can. You'll want to get a Texas probate attorney to help you. There is a process for this sort of thing, and an attorney focusing on probate law will definitely know what to do. You should have a consultation with a probate attorney so... Read more »

1 Answer | Asked in Probate and Identity Theft for Texas on
Q: I need a lawyer in an inheritance and identify theft case. So probate and a family lawyer as well
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 27, 2022

You can click Find a Lawyer above and search for lawyers in your area by areas of practice.

1 Answer | Asked in Probate for Texas on
Q: How does one go about getting a copy of a will?

My husband's mom died last year and his sister was made executor of the will. My husband has never seen the will, and has no idea what's in it. Ant way he can get a copy, and if so, from where?

Isaac Shutt
Isaac Shutt
answered on Jan 23, 2022

If a will is filed for probate, it is actually public record. You can look at the probate court's website to see if a probate has been filed. If so, the county clerk can send you a copy of the will. Of course, the easiest thing to do is to have a consultation with your own probate attorney.... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Is a certified adult name change order sufficient to attach to an existing Power of Attorney in Texas?

I got married and legally changed my entire name. I am the agent on my parents Statutory Durable and Medical POA', and I am listed as a beneficiary in their wills as well. My financial institution is allowing me to attach a copy of the certified order of my name change to their POA's for... Read more »

Daniel Palmer
Daniel Palmer
answered on Jan 10, 2022

Statutory Durable Powers of Attorney are tricky in that different financial institutions have different requirements. While the certified order may suffice for purposes of one financial institution, it may very well not for another. The safest bet would be to create new powers of attorney which can... Read more »

1 Answer | Asked in Probate for Texas on
Q: Have a sister in a house we both own and need to evict her.

She is living there without paying taxes, maintenance as required per a will. refuses to leave. This property was deeded to us both with a stipulation either could live there as long as paid.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 21, 2021

You will probably have to hire an attorney to file an Action for a Sale For Partition.

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Texas on
Q: Harris County TX.non-relative squatting in Deceased Parents house.How can I kick him out & Charge back rent?

Mother died 2019. No will or executor of the estate.

I started Probate (June 2020) on her estate because of the obvious fraud and concealment taking place by Stepdad.

Stepdad died in August 2021. So far the probate has gone nowhere, because the attorney I hired was either... Read more »

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

The status of the probate case is not clear, but before anyone can do anything with the house, two things have to happen: 1) There must be someone appointed to represent the estate - if there's no will, that means you need an administrator appointed. 2) The administrator would have the... Read more »

1 Answer | Asked in Probate for Texas on
Q: What EXACTLY has to be included in an I&A in re: to “personal” or “intellectual” property?

I’m an independent executor of a non contested estate. The decedent owned a house full of “stuff.” Do I list every book? Every household item? Every coin in his collection? If so, how do I determine the value?

Paul Premack
Paul Premack
answered on Dec 7, 2021

You should be addressing this question to the lawyer who you hired to represent you in the probate matter.

While the law in Texas is the same across all of the counties, each county has a different Judge or Judges who hear probate matters. Some counties have very experienced statutory...
Read more »

1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Texas on
Q: Are probate judges, court attorneys legally allowed to enrich themselves with probate courts participants real estate
Teri A. Walter
Teri A. Walter
answered on Dec 2, 2021

No, of course not. Without some basis for why you would ask this, there's nothing more that I can say that would be relevant and helpful. If you have a lawyer, ask them. If not, I suggest you visit with a probate lawyer in your area ASAP to address your concerns.

1 Answer | Asked in Probate for Texas on
Q: My mom recently passed away, she added my stepdad to the deed of the house before she passed. There was no will

Can he sell the home, my mother has 3 kids. Tx is where the home is

Paul Premack
Paul Premack
answered on Nov 17, 2021

The wording of the deed where she added your step-father makes a big difference. There are a wide variety of outcomes depending on what that deed actually says.

If it simply states that the house is owned as joint tenants, then he would likely have a 1/2 interest in the property and -...
Read more »

1 Answer | Asked in Probate for Texas on
Q: I live in Fort Bend County, Texas. My husband passed away 5/30/21.

I have a notarized Texas Last Will and Testament. I am designated the Personal Representative. I am the only beneficiary. The only property are three vehicles. Vehicle #1 is fully paid with a joint title of myself and my husband. Vehicles #2 and #3 are still being paid for and are only in my... Read more »

Paul Premack
Paul Premack
answered on Nov 16, 2021

If there are no liens on any of the vehicles, you can transfer title using the state's "Affidavit of Heirship to a Motor Vehicle" document. It is free, can be downloaded at https://www.txdmv.gov/sites/default/files/form_files/VTR-262.pdf

Follow the instructions on the back...
Read more »

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