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Texas Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Hello I have a question if a parent got money from anotherparent who is deceased and now that parent is deceased also

Yes and if the other parent passed also but there is money involved and a child has been taken care of the parent and has leagal papers but everything is frozen what do I need to do

Ronald Lee Baranski Jr
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answered on Nov 29, 2024

If you are a child or heir of the parent that most recently died you would need to hire an attorney to file application to determine heirs ( if died without a will) Most Texas courts take the approach that you must use an attorney. Since you mentioned accounts frozen the order issued at this... View More

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Hello I have a question if a parent got money from anotherparent who is deceased and now that parent is deceased also

Yes and if the other parent passed also but there is money involved and a child has been taken care of the parent and has leagal papers but everything is frozen what do I need to do

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

It depends upon the facts of your particular situation. Money in a bank account cannot withdrawn by anyone other than the account holder unless that person is designated as the POD (pay on death) of the account holder or is the personal representative of the estate of the account holder or is... View More

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My passed away without a will almost 5 years ago, what does my need to prove she has a legal to claim a settlement check

My dad was involved in a Roundup lawsuite that close to payout now, but the attorney handling his case will not accept an affidavit of heirship and and has told us they have to have sufficient proof of authority under Texas state law establishing her ability to settle my dad’s case on behalf all... View More

Ronald Lee Baranski Jr
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answered on Nov 8, 2024

My condolences as it is always hard to lose a parent. You will need to start a probate proceeding in Texas. In most Texas counties they require that you have an attorney since you are not representing yourself actually you are representing the decedent's estate. One issue is that in Texas you... View More

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5 Answers | Asked in Estate Planning and Probate for Texas on
Q: My dad passed away in June, I have his Durable power of attorney. No Will . I want to sell his house. Can I do this?

My late brother's children sent me a letter asking for their fair share of the estate. Do I need permission from them to sell my parent's house if I am the only remaining member of our immediate family, as my mom passed last year, and my brother in 2013?

Ronald Lee Baranski Jr
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answered on Nov 5, 2024

My condolences as I lost my mother 3 years ago and know that is extremely painful so sorry for your loss. To answer your question, No, the authority granted by the power of attorney terminated at the time your dad died. Since he didn't have a Will the rules provided by Texas's estate code... View More

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5 Answers | Asked in Estate Planning and Probate for Texas on
Q: My dad passed away in June, I have his Durable power of attorney. No Will . I want to sell his house. Can I do this?

My late brother's children sent me a letter asking for their fair share of the estate. Do I need permission from them to sell my parent's house if I am the only remaining member of our immediate family, as my mom passed last year, and my brother in 2013?

Gratia "Grace" P. Schoemakers
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answered on Nov 5, 2024

You will have to follow your dad's will, and probate it. Presuming he had a will. If he had no will, then the laws of intestacy of your state will govern who gets what. You will not be able to use the POA to sell the house, a POA "dies" when the person granting it died. You will have... View More

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1 Answer | Asked in Family Law and Probate for Texas on
Q: Are purchases on credit card divided between heirs if one heir is a card holder on account?

My Dad has a huge depot card and my sis is a card holder. Recently the fridge broke and then the microwave. She bought new ones, BOTH charged to home Depot with the credit card. I had found a cheaper microwave at Walmart but she insisted it come from home Depot. The fridge was over $3000. Does she... View More

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

A cardholder who is an authorized user of someone else's credit card is not the person legally responsible for the debt. The account holder is responsible for the debt and can authorize whomever he likes to make charges on his credit card account. Since you are not the account holder, you... View More

1 Answer | Asked in Probate for Texas on
Q: Have property in Oklahoma. The owner is now deceased and property goes to the deceased descendants. They have agreed

to put the property in a family trust. What needs to be done to accomplish this ?

Anthony M. Avery
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answered on Oct 17, 2024

Hire an OK attorney to search the title, determine heirship and draft a deed from the tenants in common over to the Trustee for the Trust. Attorney will need to draft the Trust Instrument with the TIC appointing someone Trustee. Deed must convey to the Trustee of the Trust, not the Trust... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Home equity loan

My dad and stepmom are both on the deed/title to home. Stepmom just recently passed away and dad is looking to get a home equity loan for the property which is completely paid off. Stepmom has 2 adult children as heirs and there was no will. How could this be navigated to be able to get the loan?

James Clifton
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James Clifton
answered on Oct 11, 2024

If the title to the property was held as joint tenants with right of survivorship or tenants by the entirety, your father would own the property solely in his name upon the passing of your stepmother. If the title was not held as joint tenants with right of survivorship or tenants by the entirety,... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: What action should I take to get part of my dad's inheritance from his dad's estate since he is deceased?

My grandad just passed away he had no will. So his oldest daughter is making decisions she is selling his property she claims will be divided. She ain't one to trust so what should I do to claim my father's part in his father's estate?

Ronald Lee Baranski Jr
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answered on Oct 8, 2024

I would highly recommend that you consult with a probate attorney as there are numerous additional facts needed to provide an answer. If no application for probate has been filed then you could potentially open a probate case allowing for a legal distribution of the decedents property. You should... View More

1 Answer | Asked in Probate for Texas on
Q: I’m executor of father’s estate. Trying to evict niece she won’t leave she is not in will

Brother is contesting me being executor. Will that hold up eviction. No judge order has been issued JP ruled in our favorite is appealing to higher court civil coirt. Will the contest hold up evictioncase

James Clifton
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James Clifton
answered on Sep 20, 2024

The eviction case will be stopped while the case is on appeal. However, your niece should be required to pay rent while the appeal is pending. Once the appeal is resolved, you can move forward with the eviction. If you are removed as executor, your ability to evict will also be removed, so your... View More

1 Answer | Asked in Probate for Texas on
Q: Can my dad's ex wife take his truck from me?

My dad died and he had a truck he was paying on. His ex wife was a co signer when they got the truck when they were married. They got divorced and he got the truck. But the registration didn't reflect the divorce winner getting the truck it has both of them on it. He's been making the... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

If the truck was awarded to your father in his divorce decree, it passed at the time of his death to his heirs. While he should have transferred title to the truck into his sole name and paid off or refinanced the loan, the divorce decree is a muniment of title reflecting that the truck was... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: If I am in a trust as a beneficiary but in the will in probate stepmother says she is only beneficiary. Possible?

Dad's will in probate his widow states she is only beneficiary of dad's estate period. Also does not have to provide inventory list since she is ONLY heir. On aff. Of heirship on house she lies and says dad died without a will then 1 month later puts a will thru probate.

James Clifton
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James Clifton
answered on Sep 5, 2024

It is possible to have both a trust and a will that affect an estate. If you are a named beneficiary in the trust, but your stepmother claims to be the sole beneficiary in the will, it is important to distinguish between what assets the trust controls and what the will governs. Trust assets... View More

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: If I am listed in a trust as a beneficiary wouldn't that mean I am an heir for will in probate purposes. ? TX

Dad died. Stepmother put will thru probate . Told court judge she is ONLY heir of my dad. Then she draws up an estate settlement & distribution papers wanting us kids from previous marriage to sign giving us nothing & us signing over all separate property and two houses to her to do w as... View More

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Aug 29, 2024

A trust governs what has been contributed to it. Since the trust was never funded, it essentially does not exist.

Anything not in the trust (and not passing as a pay on death bank account, transfer on death brokerage account, or to a designated beneficiary of a life insurance policy,...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: If I am listed in a trust as a beneficiary wouldn't that mean I am an heir for will in probate purposes. ? TX

Dad died. Stepmother put will thru probate . Told court judge she is ONLY heir of my dad. Then she draws up an estate settlement & distribution papers wanting us kids from previous marriage to sign giving us nothing & us signing over all separate property and two houses to her to do w as... View More

Gratia "Grace" P. Schoemakers
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answered on Aug 29, 2024

Not necessarily. In most cases when there is a trust, the will is a pour over will leaving everything to the trust. However, the only way to find out is to see what the will says. Once a will is being probated, they are part of the public records of the probate court in the county where probate is... View More

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2 Answers | Asked in Probate for Texas on
Q: What happens if a person contests an affidavit. Of heirship filed on a house in texas?
Gratia "Grace" P. Schoemakers
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answered on Aug 27, 2024

If a person contests an affidavit of heirship filed on a house in Texas, the following steps and potential outcomes may occur:

Initiation of a Legal Dispute: Contesting an affidavit of heirship typically leads to a legal dispute. The person contesting (the "contestant") must file...
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2 Answers | Asked in Probate for Texas on
Q: What happens if a person contests an affidavit. Of heirship filed on a house in texas?
Terry Lynn Garrett
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Terry Lynn Garrett
answered on Aug 27, 2024

An Affidavit of Heirship does not transfer title, even though title companies sometimes treat it as though it does. It is only evidence (not proof) of the statements in it if it has been of record with no one complaining for five years. The Affidavit of Heirship and a contest of its statements... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: My brother passed without a will in Tx his house 270000 his pension $$ his ex hired a lawyer we can't afford one

Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.

Your brother's ex cannot inherit anything from your brother's estate...
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1 Answer | Asked in Family Law, Estate Planning and Probate for Texas on
Q: My son passed away and his vehicles were in mine and his name but his son says they’re rightfully his is that true
John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Property that is jointly titled does not automatically pass to the survivor unless specifically titled as "joint with right of survivorship." Otherwise, each owner on the title owns an undivided 50% interest in the property that passes to that owner's heirs as provided by law.... View More

1 Answer | Asked in Probate for Texas on
Q: Can my brother hide and keep bank account inheritance from our dad?

No will or power of attorney, can my brother get into the account, and if he does once he gets a lawyer is there any way that he could keep it without letting me know? Will the courts get involved and handle this without me doing anything?

James Clifton
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James Clifton
answered on Jun 20, 2024

You will need to file for probate of your father's estate. Once the probate has been filed, whoever is appointed as the personal representative of the estate will be required to provide an accounting of the estate assets. You will need to monitor the probate process to make sure it is being... View More

1 Answer | Asked in Probate for Texas on
Q: Can my brother hide any kind of inheritance from me from our recently passed father? No will or power of attorney

He told me there was nothing, and now I’m told there is some money at least in his bank account, It sounded like he was gonna have to get an attorney to access the account, he hasn’t told me anything and I haven’t asked….im wondering if I need to do something or if maybe an attorney and... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2024

If you do nothing, how will a court or attorney even know anything about it?

As an heir at law of your father, you have the right to file an application to probate your deceased father's estate. Even without a will, for a relatively simple and straightforward estate, probate is cheap,...
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