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Texas Probate Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: What to do when someone is claiming next of kin falsely and getting my son's property?

My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate.

She told the police officer she was his grandmother and his next of kin. They did no research and put her down as... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2023

The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: What to do when someone is claiming next of kin falsely and getting my son's property?

My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate.

She told the police officer she was his grandmother and his next of kin. They did no research and put her down as... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2023

The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Hi, my uncle recently passed away and in his will he left me $5,000. I am 22 and have been living on my own and complete

Supporting myself since I was 16. With that being said, my Dad got ahold of the funds before they were given to me and now he is withholding them from me. In this legal? Is there anything I can do to make him give it to me ?

James L. Arrasmith
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answered on Dec 14, 2023

In your situation, where your uncle left you $5,000 in his will and your father is withholding these funds from you, it's important to understand your legal rights. As a beneficiary named in a will, you are entitled to receive what was left to you, provided the will is valid and has gone... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: A 2011 will was never filed but signed with two witnesses can I automatically keep the house as homestead I am disable.

I am disabled and cared for My mom and lived in the home. I never filed the will that was made 2011 with 2 Witnesses There is a pending bill for $101,000 in back taxes. The will states that I am the executor and I keep all real estate and belongings I live in the house and don’t work. I only get... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2023

Unless and until a Will is probated, it does not pass title of a decedent's assets to the heirs named in the Will. You have four years from the date of the decedent (your mom)'s death to probate her Will. Legally, you are allowed to probate a Will without a lawyer; however, in practice,... View More

2 Answers | Asked in Probate, Real Estate Law and Tax Law for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

James L. Arrasmith
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answered on Dec 25, 2023

In Texas, if your mother-in-law wants to claim ownership and sell a property after her husband's death in 2007, she will likely need to go through the probate process. Even though she has been paying the property taxes, probate is necessary to legally transfer the title of the property to her... View More

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2 Answers | Asked in Probate, Real Estate Law and Tax Law for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

Houses aren't probated. Estates are probated.

A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.

When your F-I-L died, your mom owned 50% as her community property and...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My Aunt made me the beneficiary on her 401k. She is still married. Will her spouse get her 401k ?

Her spouse left her 30+ years ago, but have not divorced. My Aunt is now deceased.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Nov 2, 2023

First I'm very sorry for your loss and offer my condolences.

Generally, a designated beneficiary on a 401(k) passes outside probate much like life insurance or any other account with a designated beneficiary. It is handled based on a written contract and does not come into probate....
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Mother in law dies without will my husband also dies before affidavit

I filed affidavit and it has been filed thru deeds office. I have a buyer for the property and the title company wants to give half of sale to his living father. My husband has put property in his will to me, even though it wasn’t in his name.

Isaac Shutt
Isaac Shutt
answered on Oct 12, 2023

Assuming that your husband died after his mother, then you really should probate your husband's will. If you don't, then his heirs under Texas law inherit instead....so it's incredibly important for you to get a probate attorney to probate his will pronto. The process can take a... View More

1 Answer | Asked in Family Law and Probate for Texas on
Q: My husband died with no will. He has 2 children from a previous marriage. They are adults. What are my rights?

No property,no homes. Only personal items.

T. Augustus Claus
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answered on Oct 10, 2023

In Texas, when someone dies without a will, state law dictates how their property is distributed. If your husband passed away with no will and had children from a previous marriage, the division becomes more complex. Typically, you'd inherit half of the property acquired during the marriage,... View More

1 Answer | Asked in Probate for Texas on
Q: What happens to the house when a spouse passes away without a will and their joint children and stepchildren involved?

Husband and Wife marry and have a son, they divorce and both remarry and each have children. Then they get back together and remarry.

Then the Wife dies without a Will. What happens to the home and other property involved

Melissa O'Neal
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answered on Sep 27, 2023

If the wife did not have a will and the property is community property, the spouse has a life estate interest in the home and owns half of it. His community property half. The other half is owned by the biological or adopted children of the wife in equal parts. The husband should not be able to... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Who could I talk to about a will my father passed and had said a property was left to me but then resulted it wasn't.

I'm afraid that my uncle and his girlfriend might have changed the will.

John Michael Frick
John Michael Frick
answered on Sep 22, 2023

If you think your father’s will was altered, you should hire a forensic document examiner to examine the original Will to determine if there is any evidence of alteration.

You might also ask the attorney who prepared the will if he kept a draft in electronic format and compare the draft...
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1 Answer | Asked in Estate Planning, Civil Rights and Probate for Texas on
Q: Us nysone allowed to kick me out of the house I e lived at fir 22 years after my. Nother passed away and left him the ho

I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 15, 2023

I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough... View More

3 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Q: How would an heir go about addressing a church pastor who took over a deceased loved one's property and assets?

The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.

Melissa O'Neal
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answered on Sep 18, 2023

I also agree with setting a meeting with the pastor to determine what he knows and maybe take proof if you have any of your relationship. Also agree that you will want to meet with a probate attorney as soon as possible. If you are aware of a will provide any information you have. When you meet... View More

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3 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Q: How would an heir go about addressing a church pastor who took over a deceased loved one's property and assets?

The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.

Isaac Shutt
Isaac Shutt
answered on Sep 14, 2023

I agree with the previous answer. If it's possible the pastor doesn't know about the heir, it could be that the pastor thought the pastor was actually doing the right thing.

Aside from that, you should definitely consult with a probate attorney ASAP. You probably want to file in...
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2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: The lot next to my property was bought by a lady back in ninety three, and she passed away and her son and his brother

Don't have any interest in the property and want to gift it to me how do I transfer title without a deed or will

T. Augustus Claus
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answered on Sep 7, 2023

To transfer ownership of the property without a deed or will, you'll typically need to go through a legal process. Since the previous owner passed away, it's essential to follow these steps. First, you may need to initiate probate court proceedings, especially if the previous owner passed... View More

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1 Answer | Asked in Probate for Texas on
Q: Can I file an Application for Probate Pro Se if my brother and I are co-executors and the only beneficiaries named?

Hello, my brother and I are co-executors and the only beneficiaries in our deceased parents will. They own a stock with Computershare that is now valued at $100k. My father passed first in February 2022 and my mother in this past Feb. She was in the process of getting us named as beneficiaries to... View More

Alisha Melvin
Alisha Melvin
answered on Sep 7, 2023

No you cannot probate pro se. That is not allowed as you are not an attorney or representing yourself but attempting to practice law when representing another or their estate. You will need to hire an attorney to probate the will and it does not appear to qualify as a muniment of title.

2 Answers | Asked in Probate for Texas on
Q: How do I file for conflict of interest in my probate case? No attorney need to move case to another county
John Michael Frick
John Michael Frick
answered on Sep 1, 2023

If there is no attorney, I don’t understand how there can be a “conflict of interest.” Who has the “conflict”?

In Texas, a probate case must be filed and prosecuted in the county where the decedent was living at the time of their death. If the probate case was filed in the wrong...
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2 Answers | Asked in Probate for Texas on
Q: How do I file for conflict of interest in my probate case? No attorney need to move case to another county
T. Augustus Claus
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answered on Sep 1, 2023

To file for a change of venue in your probate case due to a conflict of interest in Texas, you can take several steps. First, review the rules and procedures of the probate court where your case is currently filed. Then, draft a formal motion explaining the conflict of interest and your reasons for... View More

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2 Answers | Asked in Probate for Texas on
Q: My mother's will was never probated as she left all to my living father and to the children should he precede her.

Does her will have to be probated?

T. Augustus Claus
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answered on Aug 31, 2023

In Texas, the probate process is typically required to legally transfer assets and property according to a person's will after their passing. If your mother's will stipulated that her assets would pass to your living father and to the children if he were to precede her, it's... View More

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2 Answers | Asked in Probate for Texas on
Q: My mother's will was never probated as she left all to my living father and to the children should he precede her.

Does her will have to be probated?

Melissa O'Neal
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answered on Aug 31, 2023

While it is always best practice to probate a will, her will would need to have been probated within 4 years of her passing. If it has been more than 4 years it is too late to probate her will but it might still be useful for family settlements. If all property is community property and your... View More

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