Lawyers, Answer Questions  & Get Points Log In
Texas Probate Questions & Answers
1 Answer | Asked in Family Law and Probate for Texas on
Q: What kind of attorney do I need in order to file a probate proceeding on my late husband's estate?

My late husband's death certificate is incorrect and needs to be amended in order for me to collect the rest of his estate.

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

You need a probate attorney to file a probate proceeding.

You do not need a probate attorney to correct his death certificate. You can fill out the form and pay the fee. See the following link: https://www.dshs.texas.gov/vs/doc/Texas-Death-Certificate-Change.pdf

1 Answer | Asked in Real Estate Law, Probate and Landlord - Tenant for Texas on
Q: what happens when a homestead property owner dies (who is married and lives in the wifes home) has a girlfriend there?

the wife is aware of this girlfriend living at her husbands property. And he moved the girlfriend into the homestead he owned for her to have a place to live she used to live in the same house as the wife and husband but wanted more privacy. He died without a will or anything in place. does the... Read more »

John Michael Frick
John Michael Frick
answered on Sep 16, 2022

No.

First, I note that a married couple can only have one homestead. That homestead could be the separate property of one spouse or the other spouse or it could be community property of both spouses. Except of periods of temporary absence, a homestead must be used by the couple as their...
Read more »

1 Answer | Asked in Divorce, Probate and Estate Planning for Texas on
Q: Divorce DECREE Divested moms ex-husband of all benefits & life insurance but Valero paid him anyways. What do I do?

Mom divorce 02-12-18 Mom passes away 02-13-18. Divorce DECREE Divested him of all financial,interest bearing,money markets accts& life insurance policies. Life insurance is a Welfare Benefit in Texas,and he signed off rights to Moms pension but Valero paid him still. Probate Attorney filed... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

You should contact the personal representative of your mother's estate. If you are an heir of your mother's estate, you should have received a notice, which could be as simple as a letter, notifying you who that individual is. If you did not receive such a letter, you can look that... Read more »

2 Answers | Asked in Civil Litigation, Family Law and Probate for Texas on
Q: Common law marriage 7 years. Male spouse passed. Left no will. Only son of husband evicting wife. Selling off property

Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 3, 2022

"Wife" would have to prove that she was married to the deceased "husband". If she is successful, then she would entitled to inherit through intestate succession. If the home was purchased during the "marriage", then she could claim it as her homestead and continue to... Read more »

View More Answers

2 Answers | Asked in Civil Litigation, Family Law and Probate for Texas on
Q: Common law marriage 7 years. Male spouse passed. Left no will. Only son of husband evicting wife. Selling off property

Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 3, 2022

If she can prove marriage she has live estate in house and 1/2 if community property

View More Answers

2 Answers | Asked in Probate for Texas on
Q: Hi! My husband died Sept. 1, 2016 with credit card debt. His will was never probate. I was told I was not responsible

For this debt. Now a piece of property owned by his family for 100 years is being sold and the small proceeds divided among cousins. Do I have to worry about the credit card companies going after the sale money? I'm in Texas.

Isaac Shutt
Isaac Shutt
answered on Aug 25, 2022

The statute of limitations on most debt is four years max. So, you should be good-to-go. Plus, you may not even be filing anything in court, which means there may be no public record. In other words, it could be tough for a creditor to even know about these funds.

View More Answers

1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: What can I do if my mortgage company, Wells Fargo, refuses to remove my deceased husband from title without probate?

My husband passed unexpectedly in December without a will, our home was purchased during marriage and it is our homestead. Both of our names are on the title. We have 2 minor children together, no other marriages and no other children outside our marriage. I filed a heirship affidavit and a small... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 9, 2022

The Deed is different than the Mortgage. There is no need to take your husband's name off the deed if you plan on living there for the resrt of your life. If you want to sell the property, you can manage the name issues at the closing. If there is something else ylou should get back to me.... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Real estate in name of family Trust . Dad who signed is dead. Lawyer disbarred & says doesn't have. Help

Have new income from 1 of properties in trust. Can't open trust account to deposit $ without trust document.

Isaac Shutt
Isaac Shutt
answered on Aug 6, 2022

Do you at least have a copy of the trust document?

If not, it's still okay. In Texas, we have lots of Trust Code that lays out what happens in situations like this. This Code lays out who inherits from a trust in the absence of a written trust document.

If your bank is easy...
Read more »

1 Answer | Asked in Insurance Bad Faith and Probate for Texas on
Q: Life Insur: Insured died in Oct 2021. One of the beneficiaries started the claim process in Jan 2022, but didn't finish

before passing away in Feb 2022. Prudential is telling me (her Executrix) that even though she started a claim and outlived her father, her estate is not eligible for the proceeds because the 1992 policy had an "automatic mode of settlement" that paid only the 3 living persons.

Ross F. Tew
Ross F. Tew
answered on Jul 25, 2022

I expect the answer to your question lies within the language of the insurance policy itself. You would need to meet with an attorney and have him or her review the documents in question. If you are on good footing and the insurance company is in the wrong, then you will probably need to open an... Read more »

1 Answer | Asked in Probate for Texas on
Q: If a benef survived 107 days after her father, but his Will hadn't submitted yet to probate, does her estate inherit her

portion? Father's will says: DEFINITION OF SURVIVAL =Any legatee, devisee, donee, person or beneficiary with respect to all or any part of my estate who shall not survive until ninety (90) days after the date of my death, or until this Will is probated, whichever occurs earlier, shall be... Read more »

Isaac Shutt
Isaac Shutt
answered on Jul 23, 2022

Yes. Since the beneficiary lived more than 90 days, the estate of the deceased beneficiary will receive the inheritance. You should definitely consult with a probate attorney in the area. I say this because whomever is handling the probate of the father's estate may not understand the law,... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Family Law and Probate for Texas on
Q: Can a Estate be over turned ?

my father just died i had to pay all the funeral but my half sister and her oldest sister were given an estate of my child home my mother gave me after she past 12yr ago and i have the first deed when they purchesed it ,after she past my dad was pretty much homless so i let him stay with me and... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 21, 2022

You need to act fast. You should go get a copy of the Estate Paperwork, etc. They may have been required to serve you, and didn't, or created some other legal issue. However, if you do not get it all straight, you may lose anything you should have received. It sounds like you had at least 1/2... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: An Alaska lawyer "forgot" to mail me the $13K trust check from sale of my father's land. Can I file a complaint?

This was excess funds from his land being sold to pay back taxes. I had to hire the lawyer to set me up as executor. His fee came out of the excess funds and he was to then send me a check of the remaining. It had been two weeks since he said the check would be mailed. When I inquired, he said the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 14, 2022

That is possibly embezzlement or conversion by the lawyer entrusted with the sale proceeds. You should report him to the Alaska Bar. Check the internet for the regulatory agency, or call the

Governor's Office for assistance. That kind of stealing makes all real lawyers look bad.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: How do I get unclaimed assets that are pertained to me. I have lost my entire family over a 3 year span

I am from fort worth, and the unclaimed assets are there. However I am currently in tulsa Oklahoma

Isaac Shutt
Isaac Shutt
answered on Jun 13, 2022

It depends on the value of the unclaimed property. If the unclaimed property is just some money that has been deposited with the Texas Unclaimed Funds Registry and it's not very much, you can file a claim directly with the State of Texas Unclaimed Funds Registry.

If it's other...
Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I Remarried my ex-wife. Does the will we had from our first marriage remain in effect ?
Scott D Reiner
Scott D Reiner
answered on Jun 8, 2022

The effect divorce has on an existing will is to read the spouse out of the will. There may be some ambiguity though as, while the law provides for reading-out, it also provides for reading-in in the event of a marriage after an existing will (e.g. unless new will made after marriage that excludes... Read more »

1 Answer | Asked in Probate for Texas on
Q: Do I need to have husband’s will probated?

He died 8-15-21 and did have a will, leaving everything to me. I have ownership of our mobile home, but the land is in this name. I was told by Bell Co. tax office I need to have land in my name. Do I have to have will probated to accomplish this?

Isaac Shutt
Isaac Shutt
answered on May 10, 2022

Yes, you'll need a probate attorney to help you with probating the will. You may be able to do the lesser expensive version of probate called "Muniment of Title", if all you're transferring is the land.

1 Answer | Asked in Family Law and Probate for Texas on
Q: What rights do I have as a "issue" on a will?

My grandmother passed in 2011, then my mother passed away 2013. My uncle is trustee of my grandmothers Will. My grandmother had a property and stated in her Will "Upon the sale and liquidation of the property, all net proceeds shall be paid to my children, and if any should not be alive then... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 17, 2022

Your question does not have enough facts . Please repost with detailed facts so your question can be answered

1 Answer | Asked in Contracts, Family Law, Probate and Estate Planning for Texas on
Q: How do I prove i signed a will under false pretenses ?

Back in October of last year, my partner was diagnosed with cancer, His daughter came to where we reside and had been discussing power of attorney with me and I said yes I would let her be responsible for his healthcare should his condition worsen after his surgery. My partner was at a hotel and... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 14, 2022

Wills can be revoked. The easiest way to revoke them is to get them back and burn or shred them. I suspect that will be difficult to impossible in your case, however, so you will have to use the other method, which is to do new wills that expressly revoke all prior wills. Then entrust them to... Read more »

1 Answer | Asked in Probate for Texas on
Q: In the state of Texas can I be made to get an attorney & go through probate for my birth Mother that died intestate?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 23, 2022

Nobody can be FORCED to administer a decedent's estate. That would be slavery and a violation of the United States Constitution. Usually the next of kin takes on this task, but not always. You may or may not even be considered next of kin if your mother gave you up for adoption. Your facts... Read more »

1 Answer | Asked in Probate for Texas on
Q: My brother died 2 months ago. He has a will and my cousin is the executor as well as a beneficiary and my two grown sons

My cousin will not provide copies of the will to my sons and does not want to probate the will. My brother leaves nothing but personal belongings and a car. The executor says the beneficiaries will be responsible for probation fees up to $10k. This is a plain incontestable will. Nothing specific... Read more »

Isaac Shutt
Isaac Shutt
answered on Mar 17, 2022

Probate does not cost $10k. Typical cost is more like $2k-$3k, at least with our office. You can talk with a probate attorney. Probate is done in the county in which the decedent resided at death. If he died in Hawkins, you could probably get a probate attorney in the Dallas area to handle the... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom passed away Jan 26 2022 ,she didn't have a will,she has 4 children and no spouse ,she owned a home ,do I need a l

She also had over ten thousand dollars in her bank account that my older sister has emptied out excep100 dollars ,can she sell the estate ,do I need a lawyer

Todd Alan Marquardt
PREMIUM
Todd Alan Marquardt
answered on Mar 11, 2022

Yes, you will need an attorney to represent you in Administration and Heirship proceedings. An administrator for the estate would need to be appointed to have the power to sale property. As for the bank account, the account set up would need to be reviewed to see who owed the account. please feel... Read more »

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.