Lawyers, Answer Questions  & Get Points Log In
Texas Probate Questions & Answers
1 Answer | Asked in Probate for Texas on
Q: Is there a way to get an Affidavit of Heirship (my deceased parents home) if my other 3 (half) siblings refuse..

Is there a way to get an Affidavit of Heirship (my deceased parents home) if my other 3 (half) siblings refuse to uphold their financial responsibilities with the home? My mother passed away in March 2018. I reside & have been taking care of the mortgage. The house needs repairs & I need to... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 12, 2020

You are referring not to an Affidavit of Heirship but to an Application for Determination of Heirship and Issuance of Letters of Administration. This can be awarded without your siblings' agreeing to an Independent Administration. It will be a Dependent Administration, meaning that it must... Read more »

1 Answer | Asked in Probate for Texas on
Q: A holographic will with no assigned executor or independent administrator. How would you file the probate?
Isaac Shutt
Isaac Shutt answered on Aug 5, 2020

This is called "probate with will annexed." You can still have an administrator appointed, but you'll need an attorney if you want an administrator. If you don't want or need an administrator, then you can do a "probate as muniment of title only." With muniment of... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: I live in Texas and I have an special needs adult child who lives with me and requires round the clock care.

When I die can I create a will appointing a close friend to be my daughter's guardian/caregiver when I'm gone? Will my daughter's father have any say so to whom is her caregiver? Thanks

Isaac Shutt
Isaac Shutt answered on Jul 27, 2020

Yes, you can. You also should establish a trust in your will for your daughter. You need to do this so that your daughter doesn't lose her governmental benefits... We don't charge anything extra for adding this type of trust into our clients' wills.

View More Answers

2 Answers | Asked in Real Estate Law, Probate and Estate Planning for Texas on
Q: My grandparents are both deceased. They owned a home. They had 5 children. All but 2 are deceased. The 3 who are decease

Have surviving children. Do the 2 surviving children have to include the children of their deceased siblings in signing loans to repair the home or selling the home.

Ross F. Tew
Ross F. Tew answered on Jul 23, 2020

Yes.

View More Answers

1 Answer | Asked in Probate for Texas on
Q: What to do if will is invalidated as court said there's a later will, but no one knows where it is.

Widow's lawyer says only one will and put into probate, but two other heirs were shut out of process, not notified of the probate, and now see that the court see it aside and removed the widow as executor saying there is later will. Her lawyer won't talk to other heirs (decedent's... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 23, 2020

If the Will has been submitted for probate, it is available online through the website of the Travis County Probate Court. If not, the other Will could not have been set aside in its favor. You can hire a lawyer to ask the Court to compel production of the alleged later Will.

1 Answer | Asked in Probate for Texas on
Q: Does Texas law permit TX Ancillary Probate relating TX property title be filed prior to Probate in deceased's domicile

NM resident dies. Will explicitly states Mr.X receives title to residential property in Dallas. Can Mr.X file ancillary probate motion relating only to title transfer of Texas property prior to Executor filing a New Mexico Probate Motion ? There is a sense of urgency to have the title... Read more »

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

No. Your answer is in the meaning of the word, "ancillary." The NM probate must be filed first.

1 Answer | Asked in Probate for Texas on
Q: requirement to notice to benificiaries of a texas intestate succession what is the code
Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 17, 2020

Beneficiaries take under a Will. Heirs take under an heirship. No heirship hearing can be held without notifying them. Your probate attorney should do this for you and submit a attorney's certificate that he has done so to the court. This is not a DIY project.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My Grandfather passed away in 2018 - His assets were split 3 ways between my Mom, Uncle and Aunt. My Mom was in the

process of setting up a will and living trust and then passed away (None of her Assets were put in the trust in time). My father is still with us but nothing was in his name. We are still trying to locate all the assets. My Father has an estate attorney involved and has filed for probate. But... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 6, 2020

In Texas inherited property is always separate property. It passes to the spouse if all children of the deceased are also children of the surviving spouse. The children only have a share if there are children of the deceased who are not children of the surviving spouse.

1 Answer | Asked in Probate for Texas on
Q: TRYING TO FILL OUT SMALL ESTATE PAPERWORK AN NEED HELP
Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 29, 2020

When people try to complete these on their own, half are rejected. There are some persnicketty, non-obvious points. When people use a lawyer, 90% are accepted. A word to the wise?

1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: My minor son's father died 5.5 years ago. No will. We lived as a family, but were not legally married.

The estate was probated into my minor son's name for him to obtain at the age of 18. My question is: can I withdraw the funds on the scope that I, as his BIOLOGICAL Mother (only surviving natural parent) in which he lives with and I have SOLE responsibility for, believe those funds provide the... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 29, 2020

As a parent, you have a duty to provide food, shelter and medical care for your child. You do not have a right to use his inheritance for these. You can apply to the court to receive reimbursement or funds for things which a parent is not legally obligated to provide: summer camp, music lessons,... Read more »

1 Answer | Asked in Probate for Texas on
Q: My sister died and before her estate could be probated to her son, my nephew, he died.

I am filing to be Executor and received a huge bill from criminal attorney (hired in error by my nephew to help with probate). Most charges are after my nephew's death and no contract. Doesn't the lawyer's obligation terminate upon client's death?

In Texas.

Thank you

Isaac Shutt
Isaac Shutt answered on Jun 28, 2020

You are required to have an attorney to probate the will and to become the executor. Your probate attorney should be able to easily help you with this. The probate attorney will probably advise you to send the criminal attorney a "permissive creditor notice." Then, even if the criminal... Read more »

3 Answers | Asked in Probate and Estate Planning for Texas on
Q: My stepmother wants me to sign a paper to relinquish my rights to my father's estate.

My dad passed away a couple of years ago she contacted me yesterday to sign a paper to relinquish my rights to his estate. The will has not been probated I asked to see a copy of the will and a suicide note and she has not replied what are my rights and can I represent myself put a complaint in... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 25, 2020

Do not sign. Hire a probate lawyer who practices in the county in which your father lived and died to require production of the Will or, if there is none, file an Application for Determination of Heirship and Appointment of Independent Administrator. If the Will gives your stepmother more than... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can beneficiaries of a will ask for bank account information that was joint with rights of survivorship? 5yrs. after DOD

Beneficiaries are asking for details of a bank account that was held jointly with rights of survivorship. Not with them. It passed directly upon death, as such, did not go through probate. All holdings were POD or joint w/right of survivorship. They received all of their POD monies directly from... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 18, 2020

They can ask but there is no reason that they should expect an answer.

An account held joint with right of survivorship passes to the survivor on presentation of the death certificate. Absent a suit for elder exploitation, no one else ever had any right to the money or any right to inquire...
Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: If my father just died and had no will! SIL says we will go to jail if we go there! FIL had no debt

My FIL died made me medical power of attorney no will has three at least properties that we no of mayb more but has no will what are our next steps! Also trying to plan a burial but family won’t way in options what do I do

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

The Medical Power of Attorney and any Durable [Financial] Power of Attorney were effective only during her lifetime.

You and any siblings can bury her. Most (maybe all) funeral homes will require agreement before cremating. If you and your siblings cannot agree, there is going to be a...
Read more »

2 Answers | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: What can I do to stop my siblings from stealing everything off my mother's the legal way?

I have a bedridden mother that I take care of her home 24/7. My older sister got my mother to sign power of attorney to her without my mother realizing what she had signed. So my mother revoke that. They were selling her property without her permission and now trying to sell her home and put her... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 11, 2020

You should contact an attorney about filing an Application for Guardianship to ask a Court to make you the guardian of your mother.

View More Answers

2 Answers | Asked in Probate for Texas on
Q: Dad and I had a joint checking account. He passed away recently. Is that account property of the estate?
Isaac Shutt
Isaac Shutt answered on Jun 4, 2020

No, not if you were "joint tenants with right of survivorship" on the account. You can ask the bank, and they should tell you. If you're not, then the account probably belongs to the Estate.

View More Answers

1 Answer | Asked in Probate for Texas on
Q: Was left a property by deceased father. Wife was given life estate but has not lived there in 5 years what are my rights

My father died without a will and was remarried. We went through mediation for settlement of assets. I need to know how or if I can get access to the home since my step mother is no longer living in the home. What are my legal right to the home since she does not live in the home.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 1, 2020

She has abandoned her life estate. The home is now that of your father's children.

1 Answer | Asked in Probate for Texas on
Q: My ex husband in Texas pass away. He has 3 adult children and they cannot find a will. His dad hold the mortgage on the

house. Dad purchased house for son & daughters, son was supposed to pay on it for 10 years then get a note to pay it off in his own name. He got sick about the time the note was due. So we know the house should default back to his dad. Question, can his dad take actions to put locks on the... Read more »

John Wesley Urquhart
John Wesley Urquhart answered on May 28, 2020

You need to see if there was a written contract. There are many other questions that need to be answered. Check with the county clerk to see if they have a copy of the will. Sometimes a copy of the will can be found in a safe deposit box at the bank. If you know of the attorney who prepared the... Read more »

1 Answer | Asked in Probate for Texas on
Q: Can my probation officer revoke me for 1 dirty ua
Chad Zubi
Chad Zubi answered on May 27, 2020

A judge could decide to revoke your probation for one failed drug test, you are not entitled to a free pass. It is important that you adhere strictly to the terms of your probation, make the satisfaction of the terms of probation as your top priority.

1 Answer | Asked in Probate for Texas on
Q: 10,000. left by our Dad over 25 years ago. One is questioning now about money. Is there a time limit on this? No will.

My father passed after the money was gone. (Before 2010). It was early 1990s when the money was put in my name. One brother said he didn't receive money and wants it now. Is there a time on how long it can be contested?

Terry Lynn Garrett
Terry Lynn Garrett answered on May 26, 2020

The statute of limitations has long since passed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.