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Texas Probate Questions & Answers
3 Answers | Asked in Elder Law, Estate Planning and Probate for Texas on
Q: what would happen to my mothers home if the state is issued guardianship

I live with my mother in her home in Texas. She has dementia and its getting to the point I can't care for her. She has not appointed anyone power of attorney. I was wondering what would happen to her home if state rules she needs to be placed in nursing home if they become her guardian. Her home... Read more »

Jon R. Boyd
Jon R. Boyd answered on Sep 18, 2019

You should consult with an Elder Law/Estate Planning attorney. This is for Family Law questions.

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: My brother just died. He was divorced for many years and had two children with his ex-wife but gave up parental rights.

So her new husband could adopt them. Do the children have a right to his property and get to decide how and where he will be buried? Also our mother and father are deceased. As the oldest sibling do I have the right to make these decisions. My brother had no will.

Thank you!

Jon R. Boyd
Jon R. Boyd answered on Sep 17, 2019

It depends. If his rights were formally terminated by a Texas court order, that order would have normally had a paragraph stating whether the rights to inherit were terminated as well. Get a copy of that order and call me or consult an attorney.

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: Who is entitled to life insurance policy if children are only beneficiaries but dad was in community property state?

My dad took out a life insurance policy about 10 years before he married his second wife. He passed away recently. Me and my 2 siblings are the only beneficiaries named on the insurance policy, but the will did state we are supposed to each receive cash gift of $100k and the rest of everything he... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 14, 2019

The beneficiary designation on the policy controls, period. If wife not named she gets nothing and will lose if she sues.

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3 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Texas on
Q: My father passed away, he wasn't married and didn't leave a will. Are my Aunt's allowed to keep his house keys from us?

My father didn't have a will, and only has 2 children. He wasn't married. My Aunts have taken the keys to his home and wouldn't allow me (his son) inside to search for documents necessary for burial. Is that legal for her do given that I'm the son? I researched intestate succession and believe it's... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 13, 2019

If your father left children, those children, not his siblings, are his heirs. Hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration. Once you are appointed administrator of your father's estate, it will be your duty to... Read more »

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2 Answers | Asked in Probate for Texas on
Q: Brothers will gives all his processions to me, no wife or kids, 1 brother, no dispute. Must will be probated or not.

Trying to sell his 2001 truck and flat bottom boat .

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 10, 2019

A Will has no legal effect until it is admitted to probate. If there is another sibling, a DMV Affidavit of Heirship would give half the truck to him so that would not be a good option. Nonetheless, it may be hard to find an attorney who would advise you to probate the will, likely spending more... Read more »

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2 Answers | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: If l lost the original POA then what is the legal remedy?

I lost the original POA for my mom but l have 3 copies. I am trying to sell a house she owns but the title company will only accept the original. What can l do? The POA states that the use of a copy is acceptable. Do l have to go before a judge or something? What do l do? I am in Texas.

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 9, 2019

Change title companies. The law allows someone to request a certificate or a letter from a lawyer stating that the DPOA is still in effect. More is a matter of title company policy.

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1 Answer | Asked in Elder Law, Estate Planning and Probate for Texas on
Q: I am secondary DPOA for my parent. The primary DPOA has ceased any actions of financial responsibility.

He verbally stated he wouldn’t do these duties but wants to act as DPOA upon my parents death. How can I hold him to his lack of actions to these financial duties. He states he can do what he wants w/ the property my parent owns.

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 1, 2019

A 2017 change to Texas' DPOA law requires that he report and give an accounting, with receipts, to the principals. An interested person can also ask the courts to look into his actions and failure to act. You might want to talk with a local elder law attorney. You can find one using the Find a... Read more »

3 Answers | Asked in Probate for Texas on
Q: My dad left a will mu brothers wont tell me what on there
Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 28, 2019

When a Will is submitted for probate, it becomes a public document. Check with the Dallas County Probate Court clerk. Some counties have probate records available online.

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: I am the beneficiary for my deceased sisters life insurance. Do I have a legal obligation to my brother in law?

I live in Texas, my sister lived in Pa.

Jon R. Boyd
Jon R. Boyd answered on Aug 26, 2019

Your question is not what is considered a "family law" question, but I see why you posted it under "family law" as it involves your family.

I would need to see the policy to answer with certainty, but under Texas law and under the facts as you state them, yes, if your sister designated you...
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1 Answer | Asked in Probate for Texas on
Q: Saving $$ for attorney. What are my rights as the sole beneficiary? What are the sons rights who was left nothing?

I'm Saving $$ for attorney. What are my rights as the sole beneficiary? What are the sons rights who was left nothing?

My friend left every thing to me in his will. I am in the process of getting the money together to pay the probate attorney. The testators son is aware of the will but... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 26, 2019

The executor (not the sole beneficiary, not a relative) has a duty to secure the property.

2 Answers | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: Texas laws: Can A Guardian of an elderly mother, who is incapacitated, withdraw funds from her mother's living trust?

Mother & father are settlors, primary beneficiaries, & co-trustees. Mother has been incapacitated. Father has been grossly negligent in his fiduciary duties as co-trustee. He has withdrawn/spent large amounts from the trust for his own benefit & didn't use any of the withdrawals for mother. Father... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 22, 2019

The rights of an incapacitated co-trustee of a revocable living trust depend on what the trust document says. Most revocable living trust documents state that the co-trustee, in this case the husband, shall make all decisions in that event. Similarly, most revocable living trust documents state... Read more »

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1 Answer | Asked in Probate for Texas on
Q: I am the only beneficiary on the will. Do I have rights to enter the house If the will has not been filed yet?

I lived in the house for 4 years. I left for a week because I found him on the floor and it was hard being there. I just came home and all the locks have been changed by his son. Do I have the right to enter the house?

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

I'm sorry for your loss. The will needs to be probated to show who has control and rights to the property. Contact a probate to start the process.

1 Answer | Asked in Probate and Estate Planning for Texas on
Q: My sister and the will.

The will simply states we have equal shares, 50/50. What do I need to do about my sister not allowing me to see financial records and I've requested that from her four times what is it that I need to file with the court?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 16, 2019

Talk to your probate lawyer.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Question about mom passing in 03/19 and my stepdad still living and in their house. What are my mom's children's rights

I live in TEXAS. My stepdad has postponed us collecting my mom's belongings inside from 6-8 months after her death and decided to stay in the home. It raised my suspicions since my mom had undiagnosed Dementia before death. Do I have a right to ask for the will from him?? I know I was the... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 16, 2019

Ask for the will in order for it to be probated. Your mom may have named him as beneficiary on the account that held her inheritance funds and that can pass to him without the will. If you have a copy of the will you can begin the probate process with that and get an order for him to appear and... Read more »

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: Can my sister make me move out

Im co executrix with my sister of mom's will. I moved into mom's house after she passed a year ago. The Will has been through probate. Can my sister make me move

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 16, 2019

It depends on who the beneficiary of the house is. If it is both of you then you'll probably have to fight it out in court.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Do I need a lawyer to have a Trustee removed from a trust and where would I get the paper work to file this petition?

My mother left a revocable trust and my brother was left to take care of this when she passed, well before she passed my brother and my mom got in a tiff and he said he washed his hand's of this and thru the book at the second in line for taking care of business. well nothing was done in writing... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 16, 2019

If your brother will no sign a written resignation then you will need to go to court to get him removed. This is not a do it yourself project.

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1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: Im co executrix/sister of mom's will. I moved into the house after Mom died. Can my sister now make me move

My sister is the other co executrix with me. She agreed I move in mom's house after she died. Now she wants me to move out. Can she make me do so

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 15, 2019

If you are a beneficiary, then you can live there; however, until the will is actually admitted to probate in Court it is not valid and no one may act as executrix.

2 Answers | Asked in Estate Planning, Tax Law and Probate for Texas on
Q: I discovered after mom's death that she hadn't filed my taxes in 22yrs and I haven't filed 2018. What am I obliged to do

I'm 63 + living on a small pension, disability and retirement savings. I've always sent my mom(CPA) all my tax stuff. During this time the IRS has only contacted me 2x re fraudulent returns + gave me a pin#. She must've felt I'd owe $0. Can I file the last 6yrs taxes only(incl 2018)? My 2018... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 12, 2019

You need to contact a CPA as soon as possible and discuss this with them. The forum is for general answers and your situation requires a private consultation with an expert.

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3 Answers | Asked in Probate for Texas on
Q: Can an executor sell a property w/o consent of all beneficiaries listed as "tenants in common"

4 tenants in common listed; one of those is the executor; Executor is given full power to sell, manage and dispose of any and all of the estate in the probated will. Two of the beneficiaries have signed and notarized a purchase agreement for the property. The other two beneficiaries are not... Read more »

Isaac Shutt
Isaac Shutt answered on Aug 12, 2019

Your suspicion is in fact correct; the purchase agreement needs all of the property owners to sign. Without that, the contract is only binding on the 2 people who did sign. So, if the 2 non-signing people decline to approve the sale, that could put the 2 signing people in breach of contract.

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2 Answers | Asked in Probate for Texas on
Q: Is it possible for an executor to release funds to an heir prior to obtaining a judges signature on the estate inventor?
Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on Aug 12, 2019

Yes most likely. A lit of Wills provide for that power.

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