Get free answers to your Probate legal questions from lawyers in your area.
I am trying to determine the next in line for inheritance for an estate in Texas without a will. The deceased had no children and was never married. Both parents and grandparents have passed away. I am a first cousin. If one cousin is deceased and their spouse is also deceased, would their children... View More 
answered on Mar 20, 2025
Take your family tree starting with the decedent's grandparents and including all of the grandparents' deceased descendants to a probate lawyer in or near the county where you live.
With the decedent being single and childless, and both parents having died first, the... View More
I am looking for guidance on inheritance matters in Texas. There are three cousins who are next in line for an estate. Two brothers who were originally in line for the estate have passed away. One of the deceased brothers had a wife who has also passed away and has two surviving children. The other... View More
answered on Mar 20, 2025
You should consult with a probate attorney who practices in the county where the decedent died. An intestate (without a will) probate can be opened in the County. The rightful heirs will be determined, and the administrator will distribute the proceeds.
If the two brothers have passed,... View More
Following my parents' divorce, it was stipulated in the divorce papers that I would receive a 1/4 interest in anything my father received from the Harber estate. My father, who had inherited a trust alongside his sister, has since passed away, as has his wife. I have the divorce paperwork, but... View More
answered on Mar 19, 2025
You should probate your father's Will. In accordance with the divorce decree, he should have left you the 1/4 interest you are entitled to in his Will. If you cannot locate your father's Will, you can still probate your father's estate as one of his heirs at law and argue that you... View More
My stepfather is trying to evict me since my mom's passing on March 10, 2025. There was no will in place. I have been paying the HOA fees, repairs, and upgrades for the past 9 years. The house was jointly owned by my mother and stepfather. My relationship with my sister and niece is great, and... View More
answered on Mar 18, 2025
There is a lot going on with your question. The basics are that if your mom and step-father have been living in the house together for over a year, and he has no other house to live in, you can not kick him out. He can stay there for the rest of his life, if he wanted.
If you have been... View More
I was approved for a loan by a probate advance company, but they've only sent one payment and haven't fulfilled the rest of the payments as promised. They've stopped responding to my emails and calls. I have the loan agreement and written communication. What steps can I take to resolve this issue?
answered on Mar 15, 2025
You can sue the lender for breach of contract. Check your loan agreement to see if you agreed to mediation, arbitration, or a particular forum for the resolution of your dispute. These type of provisions are common in such loan agreements and are almost always enforceable.
I want to change a land deed into my name; it is currently in my great-grandfather's name, who passed away over 50 years ago. The deed lists the name as "Roberts G S L Roberts," which seems to be a garbled mix of family names. My great-grandfather was George Roberts, his son was... View More
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answered on Mar 14, 2025
You will need a competent TX attorney to search the title, determine heirship, draft an Affidavit of Heirship and hopefully a Deed from other tenants in common over to you. Check the taxes, as they have to be paid or you lose the land. Determining Heirship may need many witnesses, death... View More
I found personal documents, including a family will, social security numbers, and court documents, belonging to a deceased person while working in an attic during a demolition and construction project. I'm seeking legal advice on how to handle these documents properly. What should I do next?
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answered on Mar 13, 2025
Since you've found sensitive personal documents belonging to a deceased person, including a will, social security numbers, and court records, you should handle them carefully to avoid legal or ethical issues. Here are the recommended steps (not legal advice):
1. Do Not Destroy or... View More
I want all three of my sons to have an equal say as executors of my will. I reside in Texas and I'm planning to leave my home to all of them equally. Is it possible to appoint all of them as executors, and are there considerations I should be aware of?
answered on Mar 12, 2025
Yes, it's legally allowable. Is it typically recommended by experienced estate planning attorneys? That's a different question...
We typically don't recommend it because it can create disharmony among the children. You're basically asking three people to share one... View More
How can I find a probate lawyer to assist me with my mother's estate? Her ex-husband destroyed her will and hasn't reported it to probate court. He is collecting and using her assets, including her house, car, bank accounts, and cashing her social security payments after her death. My... View More
answered on Mar 9, 2025
The sooner you get to a probate attorney, the better. Even if you don't have the original of the will, the validity and contents of the lost will can be proved by the testimony of witnesses. So, it's great you have witnesses! We call the process "probate of a will not produced in... View More
My grandmother passed away and left me her home in her will, which directly states the house is mine, and there is no debt to the property. The will did not require probate. I am handling the transfer myself without any legal assistance. What steps do I need to take to transfer ownership of the... View More
answered on Mar 8, 2025
Wills do not have any legal effect until probated (validated by law). For 99% of cases, this seems absurd! However, laws are made for the 1% bad eggs--not the 99% good eggs. There are lots of fake, fraudulent "wills" out there, so the law requires probate to prevent those fake... View More
I believe someone changed the original will to designate themselves as the recipient, whereas the original will had other proper recipients. How can I contest this will? I have the original document with the proper recipients listed. What should my next steps be?
answered on Mar 7, 2025
You should definitely meet with an attorney who has probate litigation experience. Don't wait. The sooner you file in Court, the better your odds of success in court. In fact, in the legal field, we call this a "race to the courthouse."
Sadly, we see altered wills fairly... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
answered on Mar 5, 2025
First, it depends on the language in the deed. If you held the property as joint tenants with right of survivorship, you own 100% of the property without the need for probate. If you held the property as tenants in common, the laws of intestacy take over, and the biological daughter's adoption... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
answered on Mar 5, 2025
To answer this question specifically, we'd have to know more. Specifically:
1) The deed to the house matters. If we could see that, we'd know if your husband's estate is even involved. In other words, if you're listed as "joint tenant with rights of... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
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answered on Mar 5, 2025
It depends. If your spouse left the house to only you in a will, no one other than you has a right to the house.
However if he left it in shares to multiple people under the will (including the child that he gave up for adoption), multiple people would have a right to it, including the... View More
I am an only child and my father recently passed away in Texas. He was an Army veteran and remarried after my birth mother died. I believe he left a will, but his current wife, who married him for a green card, has prohibited me from accessing any information. She even obtained a restraining order... View More
answered on Mar 3, 2025
As an heir at law, you can file an application to probate your father's estate in the probate court in the county where your father lived immediately prior to his death. HIs current wife would need to come forward with his Will if she contends that he left one. That will enable you to see... View More
I need to know if a 401k goes to the surviving spouse or the designated beneficiary when someone dies without a will. The deceased was from Texas, had a designated beneficiary on the 401k, and had grown children.
answered on Mar 3, 2025
The designated beneficiary receives the 401k. Designating someone other than a spouse requires spousal consent. So, if the 401k beneficiary is someone other than the surviving spouse, it is very likely that the spouse at some point in time in the past consented.
I am facing a situation where a woman, formerly my aunt's daughter-in-law, has fraudulently claimed to be her daughter after my aunt passed away in Carrolton, TX, in November 2023. She has allegedly committed numerous fraudulent acts, such as falsely obtaining and altering the death... View More
answered on Feb 19, 2025
You may or may not have a lawsuit for fraud, breach of fiduciary duty, conversion, etc. Without knowing how each "bad act" caused you legally compensable damages, it is very difficult to ascertain the amount. The JC Penney death benefits ought to have a monetary value attached. If you... View More
Can a testator in Texas grant an independent executor, who is neither a legal heir nor family member but the primary beneficiary, the authority and powers typically given to a trustee, especially when no trust exists? The executor is also the CEO, President, and part-owner of the nursing home where... View More
answered on Feb 17, 2025
Yes, a testator can appoint an independent executor who is not an heir at law and who is a beneficiary under the testator's Will.
It is common in drafting a Will to say that an independent executor has all of the powers of a trustee even when the Will does not create a trust. That... View More
If my father passes away and leaves behind a personal loan that is not fully paid, how will his estate handle it if we are jointly paying a mortgage that is also not yet paid off? There is no will currently, the loan has no cosigner, and my father owns nothing besides the house, which is also in my... View More
answered on Feb 14, 2025
If the property is the only asset and it is titled as joint tenants with right of survivorship, the property will pass to you without having to pay the personal loan by operation of the deed. The mortgage will still exist, and you will still have to pay it. If the property is held as tenants in... View More
Does a decedent's spouse have the authority to appoint an independent executor to sell all of the estate's property upon her death, including real property purchased through the Veteran's Land Board of Texas? The husband, in his will, left her a life estate in the property,... View More
answered on Feb 14, 2025
You are incorrect regarding the effect of the deed on whether the property was community or separate property. Property acquired during marriage is community property unless you can prove by clear and convincing evidence it was husband’s separate property.
That being said, if you are... View More
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