You should definitely meet with a lawyer with probate experience. Since your mother received the property by inheritance, it is considered separate property. However, the legal presumption is that all property acquired during a marriage is community property. This distinction impacts the shares... Read more »

If you cannot locate your mother’s will, you can probate her estate intestate (as if she doesn’t have a will).

Sorry to hear about your mothers passing. If she had a trust created then she can typically bypass the probate process. Verify that the trust has been funded properly and properly executed. Oftentimes, trusts will be drafted together with a pourover will. So you can probate that pourover will... Read more »

In most cases, an admission of guilt is sufficient. In some cases, corroborating evidence is necessary.

Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your... Read more »

Up to $15,000 of funeral expenses and up to an additional $15,000 of medical expenses associated with your mom’s final illness must be paid out of your mom’s estate as a priority claim before any other debts or expenses are paid.

If you paid funeral expenses out of pocket, you need to... Read more »

An executor of a will is not required to get a formal appraisal or to show the appraisal to the heirs. However, if the executor files an Inventory, Appraisement & List of Claims with the probate court, it is a public document which the heirs could easily obtain a copy of.

First off,I'm terribly sorry for your loss.

I'd need more information to be able to answer your question more fully; however, as a general rule no one is entitled to possession of a decedent's personal property until an executor or an administrator is appointed for his or... Read more »

You need to get the house in just your name. Probate the will and transfer his interest of the house to yiu

There are a number of pro bono legal clinic scattered across Texas for litigants who are genuinely indigent. I’d start there.

The main purpose of probate is to transfer assets that are still in the name of a deceased person. If there are no such assets, not much purpose would be served by opening a probate.

You need an attorney to handle this for you. The good news is that it should be easy to draft an agreement or release for the buyer to get their money back that protects you. However, I would need to see everything you previously signed, and anything presently offered for your signature.... Read more »

Call your probation officer and ask for a travel permit to Harris County, Have a lawyer get you permission to live in Harris county,

A POA does not appoint an executor. Only a will does.

A POA becomes null and void when the maker dies.

When your father-in-law’s estate is probated, the personal representative must use available assets to pay debts in a specific order set by statute. First in priority is the... Read more »

If your mother had a Will, then that will goes through probate court. You'll want to have a probate attorney help you, and it may even actually be required. Anyway, find a probate attorney that focuses on probate law in your area, because they tend to do the best job for the best prices.

The prior chain of title involving your deceased husband and his former wife is irrelevant to how you need to sign your TODD to ensure that the property passes outside of probate in the event of your death.

Your mother has no claim against the IRA, but you might have a claim to the money.

First, you need to determine if the IRA has a "pay on death" endorsement or beneficiary designation and, if so, who is named. If your father named someone, whomever he named is entitled to the IRA.... Read more »

You can hold an auction. You can list everything on EBay. But, as a dependent administrator, you will need to secure the court's permission first.

If an heir thinks the highest bid you receive is too low, they can bid at the auction or on EBay.

Given your mother's deteriorating condition and the threat of other family members to have her sign another POA, your best course of action is probably to petition a probate court for temporary or permanent guardianship of your mother.

That will probably be less expensive and more... Read more »

Yes, your mother can leave her half to you even if the home has a mortgage on it. If she does that, then after she passes you and your brother will need to keep making the mortgage payments on the house lest the bank foreclose. In the end, you and your brother will probably end up selling the... Read more »