Texas Probate Questions & Answers
Q: Small estate Affidavit use
Tammy Lyn Wincott's answer
Are you referring to yourself as the bearer due to you filing the small estate affidavit or are you on the bank account?
Typically, the bank will disburse the funds according to the small estate affidavit which would mean equally to you and your brothers. This is different if there is another account holder named with your mother.
Are you referring to yourself as the bearer due to you filing the small estate affidavit or are you on the bank account?
Typically, the bank will disburse the funds according to the small estate affidavit which would mean equally to you and your brothers. This is different if there is another account holder named with your mother.
Q: Texas Inestate law for an adult child , decedent was married but NOT to childs father.
Tammy Lyn Wincott's answer
Your cousin should contact a probate lawyer in the county where the property is and/or where the person died. Your cousin can open a probate proceeding if necessary or there may be more feasible options depending on the facts of the case.
Your cousin should contact a probate lawyer in the county where the property is and/or where the person died. Your cousin can open a probate proceeding if necessary or there may be more feasible options depending on the facts of the case.
Q: if my husband dies without a will can his daughter come in and take stuff out of my house that was there before.
Tammy Lyn Wincott's answer
I suggest your husband have a will prepared that gives specific items to specific people if that is how he wants them to pass.
I suggest your husband have a will prepared that gives specific items to specific people if that is how he wants them to pass.
Q: Good day.....does the probate attorney typically take care of the change of deed for property willed to defendant?......
Terry Lynn Garrett's answer
A decendent is someone who died. A defendant is someone who is sued.
You may mean beneficiary or distributee, someone who inherits.
Many probate attorneys do prepare a distribution deed to be signed by the person settling the estate (called the executor, administrator or personal representative) and recorded in the county deed records.
A decendent is someone who died. A defendant is someone who is sued.
You may mean beneficiary or distributee, someone who inherits.
Many probate attorneys do prepare a distribution deed to be signed by the person settling the estate (called the executor, administrator or personal representative) and recorded in the county deed records.
Q: I'm a home healthcare provider in 2013 my client died. Before her death i helped her find her 2 nieces. And she revised
Terry Lynn Garrett's answer
Take the more recent Will to a local probate lawyer and ask him to contact the nieces. It is more difficult to straighten things out at this late date but may not be impossible.
Take the more recent Will to a local probate lawyer and ask him to contact the nieces. It is more difficult to straighten things out at this late date but may not be impossible.
Q: I Don’t believe you understood my question. He’s Not Dead Yet! He is very wealthy and of course he has a will.
Terry Lynn Garrett's answer
Paternity is more easily established while a person is alive. If your daughter is a minor or disabled and you seek child support, there is a reason to seek a formal declaration of paternity and, if the father is unwilling, a paternity test.
Until the Will is submitted for probate, your daughter will not know whether she wants to contest it.
Paternity is more easily established while a person is alive. If your daughter is a minor or disabled and you seek child support, there is a reason to seek a formal declaration of paternity and, if the father is unwilling, a paternity test.
Until the Will is submitted for probate, your daughter will not know whether she wants to contest it.
Q: Need to find out how to protest a sale of an asset from an estate in probation in texas.
Terry Lynn Garrett's answer
It appears that you will need to be represented by a local probate attorney.
It appears that you will need to be represented by a local probate attorney.
Q: Is there a procedure for establishing paternity that should be done before a parent passes away, a DNA test? This is TX.
Terry Lynn Garrett's answer
The Will governs, unless it accidentally omits a child born after it was written. A Will does not become a public document until it is filed for probate. (In addition, whatever the Will may say now, it could be changed.)
See a family law attorney about establishing paternity and obtaining child support before death.
The Will governs, unless it accidentally omits a child born after it was written. A Will does not become a public document until it is filed for probate. (In addition, whatever the Will may say now, it could be changed.)
See a family law attorney about establishing paternity and obtaining child support before death.
Q: I need to know how to find the standings of a litagation and possibly estate probate case .
1 Answer
| Asked
in
Civil Litigation, Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Dec 16, 2018
Answered on Dec 16, 2018
Terry Lynn Garrett's answer
Check with the probate court (which may be the county court) where the estate is being probated.
Check with the probate court (which may be the county court) where the estate is being probated.
Q: someone has a deceased person's will that is not listed in that will and has no reason to have it. How can I get it?
Terry Lynn Garrett's answer
Hire a local probate lawyer to file an Order to Show Cause requiring the fellow to explain his actions (and inactions) to the judge.
Hire a local probate lawyer to file an Order to Show Cause requiring the fellow to explain his actions (and inactions) to the judge.
Q: My mother died without a will in the state of TX , by law what do my siblings and I have the right to inherit?
Terry Lynn Garrett's answer
Hire a local probate attorney to file an Application to Determine Heirship and Issue Letters of Independent Administration. As children of another relationship, you are entitled to your mother's 50% community property share. What else will flow to you depends on what it is. It does not matter which member of the marital property paid for something during the marriage. Be aware, however, that your stepfather has a right to remain in the home for life regardless of who bought it or when.
Hire a local probate attorney to file an Application to Determine Heirship and Issue Letters of Independent Administration. As children of another relationship, you are entitled to your mother's 50% community property share. What else will flow to you depends on what it is. It does not matter which member of the marital property paid for something during the marriage. Be aware, however, that your stepfather has a right to remain in the home for life regardless of who bought it or when.
Q: My son passed away 10/23 and had no will but his wife is refusing to give his class ring to me to hold for his children,
Terry Lynn Garrett's answer
While you can apply to administer his estate, his spouse and, if they are children of another relationship, must file agreeing to allow you to administer it independent of court supervision. From your description, this does not sound likely. In addition, if any of the children is a minor, the court may well require a dependent administration, one in which every step requires prior court approval. This gets expensive. But it may be the only way for your to be reimbursed.
Please...
While you can apply to administer his estate, his spouse and, if they are children of another relationship, must file agreeing to allow you to administer it independent of court supervision. From your description, this does not sound likely. In addition, if any of the children is a minor, the court may well require a dependent administration, one in which every step requires prior court approval. This gets expensive. But it may be the only way for your to be reimbursed.
Please...
Q: My parents died. Fa had no will, no will 2 me. Her will probated title com say heirs have 2 sign fa portion 2 me.
1 Answer
| Asked
in
Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Dec 2, 2018
Answered on Dec 2, 2018
Terry Lynn Garrett's answer
Hire a local probate lawyer to file a suit for partition. If no one can buy everyone else out, the property must be sold. Everyone will then get their share in money.
Hire a local probate lawyer to file a suit for partition. If no one can buy everyone else out, the property must be sold. Everyone will then get their share in money.
Q: What will happen if I take my deceased mother’s will to the judge for probated 11 years after her death?
Terry Lynn Garrett's answer
The Will can now only be accepted for probate to pass title. This is called a "Muniment (defense) of Title." Hire a local probate attorney.
The Will can now only be accepted for probate to pass title. This is called a "Muniment (defense) of Title." Hire a local probate attorney.
Q: My father passed & had 2 side by side lots with houses. The smaller was to go to to my sister but Will has wrong lot #.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Texas
on
Answered on Nov 30, 2018
Answered on Nov 30, 2018
Terry Lynn Garrett's answer
You could ask a probate attorney to seek a declaratory judgment correcting the scrivener's error in the Will.
If everyone is in agreement, you could file correction deeds.
You could ask a probate attorney to seek a declaratory judgment correcting the scrivener's error in the Will.
If everyone is in agreement, you could file correction deeds.
Q: Question regarding mother n law’s will. My husband and his brother r heirs of their mother’s will. Mother passed
Terry Lynn Garrett's answer
The date on which to start counting 30 days is the date after the day the person died, not the court date. Your husband has already lived 30 days beyond his mother. However, under the Texas laws of descent and distribution, his inheritance will pass to his children, not to you.
The date on which to start counting 30 days is the date after the day the person died, not the court date. Your husband has already lived 30 days beyond his mother. However, under the Texas laws of descent and distribution, his inheritance will pass to his children, not to you.
Q: Funeral expenses/small estate affidavit
Terry Lynn Garrett's answer
All the heirs and witnesses signing an Affidavit of Small Estate promise to pay all expenses of the estate. These include the costs of the final illness, funeral expenses, the cost of administering the estate and other debts of the decedent. You may do well to list them -- and who should be paid -- on the Affidavit of Small Estate for the benefit of the Court, the heirs and the witnesses.
All the heirs and witnesses signing an Affidavit of Small Estate promise to pay all expenses of the estate. These include the costs of the final illness, funeral expenses, the cost of administering the estate and other debts of the decedent. You may do well to list them -- and who should be paid -- on the Affidavit of Small Estate for the benefit of the Court, the heirs and the witnesses.
Q: My father recently passed away and his children (my siblings) want me to become the personal representative of his
Terry Lynn Garrett's answer
When a person dies with a Will, the personal representative is normally the person he names as executor in his Will. When a person dies without a Will, the personal representative is the administrator of his estate. Your siblings can agree to have you serve as independent administrator without bond, meaning that you can administer the estate without court supervision beyond obtaining Letters of Administration and filing an Inventory. See a local probate lawyer.
When a person dies with a Will, the personal representative is normally the person he names as executor in his Will. When a person dies without a Will, the personal representative is the administrator of his estate. Your siblings can agree to have you serve as independent administrator without bond, meaning that you can administer the estate without court supervision beyond obtaining Letters of Administration and filing an Inventory. See a local probate lawyer.
Q: Father passed in January, 2018, mother passed in 1997. Dad remarried 1998.
Terry Lynn Garrett's answer
No. When you mother died, if she had no children which were not your father's, her 50% community property interest passed to him under the Texas laws of descent and distribution. Nothing passed to you. The situation would be different if you were children of your mother's previous marriage.
No. When you mother died, if she had no children which were not your father's, her 50% community property interest passed to him under the Texas laws of descent and distribution. Nothing passed to you. The situation would be different if you were children of your mother's previous marriage.
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