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Texas Probate Questions & Answers
1 Answer | Asked in Probate for Texas on
Q: What happens when the demand is submitted to the courts?

I understand I have to wait 15 months after the executor was assigned to request the accounting. Then I know once I find a lawyer, that they will write up some kind of demand letter to the court. I'm curious what happens then. Does the court notify the executor? Do we have him served? Is there a... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 14, 2019

Your lawyer will write the executor. The executor has 60 days to produce an accounting. If he does not, you can ask your lawyer to file a motion to have him removed.

2 Answers | Asked in Probate for Texas on
Q: My mom left real estate investment to me in her will. Does that go to estate first, or to me?

I am also the executor of the estate. I am wondering if the real estate investment has to go to the estate first, then be distributed to me, or can it come directly to me.

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 14, 2019

The Will must be submitted to court for probating: proving what she owed, what she owes and who gets what is left over. Nothing in the will can go directly to anyone.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: My father passed away and I live in his house, how do I transfer ownership in my name so I can sell?

My father passed away and I live in his house, my brother doesn't want anything out if it and said he will sign whatever needs to be signed, I had another brother who passed away, he had 4 kids they will all sign as well, what paperwork do I need to file? We do not want to go to probate, would an... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 14, 2019

In theory, if your father left nothing but the house and had no debts (owed no income or property or other taxes, had no medical or funeral expenses, had no credit card debt, never used Medicaid, etc.), a title company would accept an Affidavit of Heirship and you could avoid probate. A court... Read more »

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2 Answers | Asked in Criminal Law, Federal Crimes, Probate and Sexual Harassment for Texas on
Q: Uncle in jail and has charge pending against him in Tx.He was on probation for sexual assault would he get 2-10 or 2-20

He is in federal prison right now and doesn’t have a lawyer and doesn’t know whether he will continue I’d probation he was on before he went to prison or if they will throw him in jail again for more time. He doesn’t know whether it will be 2-10 years or 2-20 because it was a sexual assault charge

Paul Looney
Paul Looney answered on Nov 12, 2019

He will finish his federal sentence. Then he will be sent via detainer to Texas, where he will sit in jail pending trial. His probation will be revoked, and depending on what type of probation he was on, if deferred then he can serve up to the maximum for the crime he committed. Sexual Assault is... Read more »

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4 Answers | Asked in Probate for Texas on
Q: Can I legally forfeit my rights or claims to my father's estate?

Father passed away without a will. We have been estranged for 10 plus years. I have three other siblings.

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 4, 2019

You can file a disclaimer. Your interest will then pass to your children.

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1 Answer | Asked in Probate for Texas on
Q: Can my uncle the directive of a will sell me the house outside the courts or probate?

My mother who lives in ths house as do i due to her low income and not a able to keep up with the property or bills and i want to keep the house in the family as well continue caring for my mother can i buy the house outside court and in probate?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 23, 2019

A lot depends on what the will says, what the extent of your Uncle's authority is and if no authority to sell it to you then if all those with an interest in it agree, you most likely can buy it. Your Uncle should speak with his probate attorney about it.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Is there a law stating utilities have to be maintained with an estate in probate

I am the administrator of estate and funds are running low house has been on market since November 2017

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 23, 2019

How unfortunate! While an executor is required to preserve the estate, you cannot pay what you do not have. Maybe you can revisit the situation with the realtor to determine what can be done to sell the house.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: How can I get the property transferred into my name without a will or going through probate?

In 2017 both of my parents passed away, my mother owned a portion of the 2 acres located in Texas where she lived until her death, while my uncle in California owned the rest. After the passing of my mother, the entirety of the estate went to my uncle, (Still under his name) couple of months later... Read more »

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

If all heirs agree then there is a way to do it without it going to probate; however, it requires a great deal of detail and I suggest hiring a lawyer to help you.

Whether or not anything was probated in CA will also be important. Again, it's best to consult directly with a lawyer.

2 Answers | Asked in Probate for Texas on
Q: .y father died without a will. How do I know if I can just do a small estate affidavit or if I have to go thru probate.

I am being told by his creditors I need letters of testemonary, affidavit of heirship to sell his house, or become executor of the estate to collect money he left my brother & I as beneficiaries in an IRA. There is no money in dad's estate.

Isaac Shutt
Isaac Shutt answered on Oct 14, 2019

If there's a will, you cannot do a Small Estate Affidavit. You will need to do a will probate.

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1 Answer | Asked in Probate and Estate Planning for Texas on
Q: Does Texas accept a legally transcribed Declaration if Heirship from Puerto Rico?

They died intestste11 months apart in Puerto Rico. They had assets un Texas. Money in bank accounts, CD's, my mother's spousal IRA that matured the year she died, stocks with the same company as the IRA, and oil/gas rights.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 14, 2019

Short answer is yes it can be done; however, it has to meet certain criteria and there must be certain steps taken to actually authenticate everything for Texas. I suggest you speak with a probate attorney in Texas.

3 Answers | Asked in Probate for Texas on
Q: What should I do if a close friend left me property in his will but his heirs aren’t interested in opening probate?

His heirs are distant relatives and none of them want to be administrator. Also, the will is handwritten and a copy was sent to me by his cousin because she thinks it’s not fair that her other cousins aren’t taking action on his estate. Do I have any recourse? If I open probate as an interested... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

As a beneficiary under the will you are an interested party. You could open the probate yourself.

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom died without a will. Are the jewelries will be part of the estate?

Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children, we have witnesses. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 11, 2019

Contact a probate lawyer for further guidance and do not wait too long to do so.

2 Answers | Asked in Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate for Texas on
Q: My father passed away intestate (no will), he owned his home, am I responsible for paying his utility bills?

Are his children responsible for paying the light, water, and gas bill? We plan to sell the home once cleaned, but no one is living in the home since his passing.

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 11, 2019

After the Court appoints an administrator, giving that person authority over your father's property, that person is responsible for maintaining the estate.

Meanwhile, you and your siblings may want to keep the utilities on in order to maintain the property in good shape. That should bring...
Read more »

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My father passed away intestate, but he left my name as beneficiary on his bank account. What are my responsibilities?

Am I required to disclose the amount to anyone? Do I have to split it with anyone? Am I supposed to use it to pay his bills? He did have life insurance with another relative listed as the beneficiary. He also owned his home and his vehicles. I want to make sure I'm doing the right thing.

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

If the account was pay on death to you or joint with right of survivorship in you, the money is yours on presentation of a death certificate and identification.

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3 Answers | Asked in Probate for Texas on
Q: My father passed away and he was married to my stepmother There is no will Am I entitled to anything
Isaac Shutt
Isaac Shutt answered on Oct 5, 2019

YES! You are entitled to property. In fact, under Texas Law you're probably entitled to receive more of your father's property than your stepmother. Reach out to a probate attorney as soon as possible to schedule a consultation meeting so that your inheritance rights are preserved.

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My father was married to my Step-mom for over 40 years.....he has died recently but home deed was never in his name.

Do we children from him have any rights as heirs to home at all?

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 3, 2019

If the home was purchased by wife before they got married you have no rights to the real property.

5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does a deed need to be in parent's name in order to be considered an heir to property?

Parent died and spouse still living but the house deed was never put in his name.

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 3, 2019

Yes. The deed is not just some piece of paper but the official record of who owns the property.

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2 Answers | Asked in Probate for Texas on
Q: When was the executor appointed?

If I have to wait 15 months after the executor has been appointed to demand accounting. How do I know when that is? The executor was named in the will. So was he appointed the day of the death?

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 3, 2019

An executor is appointed by the local probate court. Check the court records.

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: My mom died without a will. Are the jewelries will be part of the estate?

Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want to show us the... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 3, 2019

Everything she owned is part of her estate. Personal property which she bought before the marriage is her separate property, a share of which passes to her children from a previous marriage.

Any heir can probate the estate. Hire a local probate lawyer.

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3 Answers | Asked in Probate for Texas on
Q: Can I take the Executor to court if hes not doing things correctly?

The will states that if I contest or attack the will I lose my inheritance. It also states that we can no go to court over the administration of the estate other than all the filings the executor has to file with the court. But can I take the executor to court if hes being fishy about things? He... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 2, 2019

Some Wills allow the executor to make distributions before paying all the creditors. You might want to review the Will before concluding that the action was "fishy." If an executor does not provide an accounting, you may hire an attorney to file a Motion for an Order to Show Cause. If the Court... Read more »

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