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Texas Probate Questions & Answers
1 Answer | Asked in Probate for Texas on
Q: My father's property?

My father married this lady 13 months before he died. she died a year later she had moved out of my dad's house. and move to San Antonio so who gets the property her children who are not my dad's or us my dad children. My dad purchase the house way before he married that lady. I'm... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 23, 2021

Your question is impossible to answer without a lot more facts such as how the house was titled, whether he had a will and what it said and whether she had a will and what it said. For review of your particular situation you do need personalized advice from a probate attorney.

1 Answer | Asked in Probate for Texas on
Q: My great aunt died, she has custody papers on me, I was wondering if they would work for a house in probate

She had custody of me and my brother since I was 2 and I'm 34 now and her house and items are in probate so I'm trying to find out if we are considered her children as well and if we have any right to her house?

Teri A. Walter
Teri A. Walter answered on Oct 15, 2021

Unless you were adopted, you are not an heir. If you are not an heir, are not a beneficiary in a will, and have no other documents giving you rights to some of your aunt's property, then you have no rights to any of your aunt's property.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: In Texas, does a will have to be notarized on the date it was printed out ? Or can it be notarized at any given time ?

I am trying to help my elderly mother make a will. The date I printed all the forms was July 23, 2021. Can I still use those forms and get them notarized ? Or do I need to make a new will since this one was printed two months ago ?

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

The self-proving affidavit on a will must be signed with the testator, two witnesses, and a notary all present at the same time. The date on the document should reflect the date they all sign. The date the document was printed doesn't matter.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: In a descendant's trust can it be left to a descendant's spouse?
Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2021

You can do that intentionally when designing your estate plan, yes.

1 Answer | Asked in Probate for Texas on
Q: The question I have is about a probate of of a will
Beth Ann Serafini-Smith
Beth Ann Serafini-Smith answered on Sep 10, 2021

Generally, a Will needs to be probated within four years of the Decedent's death. Until a Will is probated, the named executor in the Will has no powers to administer the estate. The named executor must first qualify to serve as the executor and be appointed as the executor by the Judge. A... Read more »

1 Answer | Asked in Probate for Texas on
Q: Brother filed for Independent Administration of Estate Do I have to sign?

Tx

Mother passed 2018

i lived in home

Need clarifation as to court date

"First Monday after expiration of Ten days from the date of service of this citation"

received Sat 8/ 23 21021

Isaac Shutt
Isaac Shutt answered on Aug 30, 2021

There could be a court date any time after the ""First Monday after expiration of Ten days from the date of service of this citation". However, the judge can't appoint an independent administrator without your consent.

Whether or not you should consent is totally up...
Read more »

1 Answer | Asked in Probate for Texas on
Q: Does an executor have to appear in probate court in person in Texas? The executor of my will lives out of state.

The executor will not be able to travel to Texas.

Isaac Shutt
Isaac Shutt answered on Aug 25, 2021

In ordinary times, yes. However, if the particular court is still doing Zoom hearings due to Covid, then the executor does not need to participate in the hearing in-person. Check with a probate attorney to see how this particular court is operating.

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: I just found out that I missed my court date what do I do to not go to jail
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 14, 2021

Call your attorney and your bondsman ASAP.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My Dad passed away July 10, 2021. My dads girlfriend is still in the house. He made a point not to marry her, and to le

let everyone even the hospice nurses at the end that she wasnt his wife. Now there isnt a will. He never let her pay bills. She took 10,000 dollars back about 7 years ago. left him. But he let her come back and from then on no bills or anything were in her name, the bank had told him to do it this... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 4, 2021

It is unlawful for anyone to use another's credit card after the credit card holder has passed. You can call the credit card issuers and inform them of your father's date of death and that all charges after that are unauthorized. They will most likely ask you to send them a copy of the... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Social Security, Estate Planning and Probate for Texas on
Q: Is it fraud to apply for benefits from a commen law marriage if they were not even commen law married and the man died.

I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... Read more »

Stanley Franklin Denman
Stanley Franklin Denman answered on Jul 17, 2021

The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... Read more »

1 Answer | Asked in Probate for Texas on
Q: What do i do if a family member passed, no will was left. And only some assets were distributed not his money or land?

A cousin was a signer on his bank account as she was the one who would write out his checks to pay his bill. However when he passed she kept the money in his bank accounts and he was very wealthy. She designated one person and gave them a huge property and she has only separated other assets. What... Read more »

Isaac Shutt
Isaac Shutt answered on Jul 17, 2021

You should DEFINITELY talk with a Texas probate attorney. Probate is the legal process necessary to transfer a deceased person's assets. Typically, when there's no will, your probate attorney will handle the Determination of Heirship process for you.

This cousin was probably...
Read more »

2 Answers | Asked in Estate Planning, Energy, Oil and Gas and Probate for Texas on
Q: My niece was in my grandma's will 30 yrs ago to receive oil lease. It was not probated. Is the will valid? Can contested

This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?

Aimee Hess
Aimee Hess answered on Jul 5, 2021

First, be aware that your niece may also be an heir of your grandmother even if the will was not probated. The oil company may have accepted a certified copy of the grandmother's will filed in the deed records or an affidavit of heirship as evidence of your niece's entitlement to... Read more »

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1 Answer | Asked in Probate for Texas on
Q: Regarding the extent of an Executors "authority"

The Will states persons A, B and C will inherit a house in equal shares. The Distribution Deed, signed by the Executor (which is also person A) shows A, B and C as the "Grantees". Once that Deed is processed (county? state?), and A, B, and C are the "owners", does... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

That is a good question. After the property is distributed (deeded) to A, B and C, the executor is longer in charge of the property. A, B and C are in charge, and everything they do must be unanimous. But any one of them can force a sale by going back to court if he or she is no longer... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Is there recourse if a trustee tells a beneficiary they aren't in the will when in fact they are?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 4, 2021

The person named to settle an estate in a Will is called an executor. The person named to administer a trust is called a trustee. What someone said or did not say is difficult to prove. However, once submitted for probate, a Will is a public document. Once appointed administrator, an executor... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Probate and Estate Planning for Texas on
Q: I have a home on my grandmother's property that was left to be inherited by my mother and aunt equally. What happens?

Aunt wants me evicted. Mom wants me to stay. I cannot upgrade septic for house I own (no land payment agreement from deceased grandmother) or move mobile home onto same acreage without aunt's signature or do anything at all without causing a fuss. What do I do? Its a Ladybird will with no... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 29, 2021

The property owners (your mother and aunt) both have rights to use the property, which include the right to lease it out. If there's a written lease, that will govern who can evict you and why. If there's not, you're a month to month tenant, and the oral lease agreement can be... Read more »

1 Answer | Asked in Probate for Texas on
Q: Taxes on land in a trust.

My mother has land in a trust given to her by my grandmother. Her brother, my uncle, is my grandmothers power of attorney and executor of her will. He is trying to force my mom to pay the taxes on the land now, even though it does not yet belong to her. He says if she doesn’t he will not pay them... Read more »

Isaac Shutt
Isaac Shutt answered on Jun 29, 2021

It really depends on the trust itself. In order to answer this, we would need to know more about the trust itself. Get a copy of the trust and then schedule a consultation with a trust attorney in Texas. You might be pleasantly surprised at how easy and affordable it is to get a good legal... Read more »

1 Answer | Asked in Probate for Texas on
Q: My grandmother was awarded conservatorship of me as a child. She unfortunately passed away without a will. Am I a heir?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 25, 2021

If your grandfather survived her, he is her heir. If not, her children are. You are only counted among them if she adopted you. But if she was awarded guardianship because she is the parent or your parent who died, you inherit through that parent.

1 Answer | Asked in Estate Planning, Adoption and Probate for Texas on
Q: I was adopted after my mother married my dad 1964. They had a natural to both daughter 10 yrs later. My father passed a

My mother and her mother is not dividing things up evenly she’s partial to her youngest. I was promised things by my dad but my sister has ended up getting 3/4 of things what can I do

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 22, 2021

The answer turns on what the Will said. Adopted and born children are both the couple's children under the laws of heirship, which would apply if there was no Will.

From your description, it is not clear that either estate was probated. You may be writing about small items of greater...
Read more »

1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Q: my landlord/friend passed away & no will. Now his sister is taking me to eviction court no probate. What can i do?

None of his family has been around in 20 years. This is crazy yet sad. There are alot to be involved in probate court to get their portion.His greedy sister should go back to the rock she came from.what can i do

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 15, 2021

Move. The executor or administrator of the estate has a legal duty to sell property to pay debts and distribute the remainder according to the Will or, if there is no Will, the state's laws of inheritance. This may involve evicting tenants. Neither occupancy nor friendship confer ownership... Read more »

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Question is regarding wills.

Texas - Dad died no will and house only in his name. Mom dies and made will leaving 25% son, 25% daughter and 50% divided 3 grandchildren. Can son file for % heirship since dad had no will?

Isaac Shutt
Isaac Shutt answered on Jun 15, 2021

Yes, absolutely. If Dad had no will, then Dad's "heirs" inherit Dad's assets. Most surviving spouses just assume that they automatically inherit the deceased spouse's estate, but that's not actually correct.

Keep in mind, though, Mom will likely be the...
Read more »

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