Texas Probate Legal Questions

Wills which have been submitted for probate can be viewed by anyone.  Contact the county clerk.  Some probate courts have the Wills available online. In Texas 15 months after an executor has been appointed, any beneficiary can request an accounting.  If the executor does not produce it within 60 days, the beneficiary can complain to the court. If a Will has been admitted to probate, probate has begun. If no Will has been presented to the Court, any heir can hire a local probate attorney to file an Application for Determination of Heirship and Issuance of Letters of Administration and probate the estate. The tax authorities have the right to sell the property for back taxes whether or not a Will has been presented for probate.  Perhaps there was not enough in the estate to pay the property taxes.  ... Read Answer

No.  She must prove that she is his common law wife to inherit anything and only has authority to rent out property which she owns.  If your brother died without a Will, hire a local probate lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration.  Don't name her as his spouse.  Let her come in and try to prove that she was.  She will need to show that they both intended to be married (not just that she did), that others in the community believed them to be married (not just her pals), and that they held themselves out as married (for example, by fling federal income tax returns as married, filing jointly).  Assuming she cannot do this, the person appointed by the court to settle (administer) your brother's estate can take charge of the property.... Read Answer

While you may be a beneficiary of your father's estate, this will take some time to settle.  First, your grandmother's estate must be settled.  Then your father's estate must be settled.  A beneficiary is only entitled to request an accounting 15 months after the executor has been appointed.  If no distributions have been made two years after the executor is appointed, a beneficiary can ask the court to remove the executor.... Read Answer

15 months after the executor is appointed, a beneficiary can request an accounting.  The executor/administrator has 60 days to provide it.  You may find that your mother left a lot of debts as well as assets.  You may also find that not everything passed under the Will:  that there were pay-on-death or joint with right of survivorship accounts and that the business assets (if any are left after paying its debts) pass under the business's operating agreement.... Read Answer

If the wife was the executor of his Will and made no distributions to the people who the Will said should receive them, you can demand an accounting and then apply to the court to have her removed.  Please keep in mind that after paying the bills, there may have been nothing left to distribute.... Read Answer

If your mother died without a Will and your father predeceased her, any of her children can file an Application to Determine Heirship and Issue Letters of Administration.  The child whom the court appoints administrator has a duty to gather your mother's assets (which includes removing the sibling from the home and gathering everything else), pay your mother's debts and distribute the remainder.  Contact a probate attorney in the county in which your mother lived and died.... Read Answer

If your mother left a Will, her Will governs.  If she did not, you can hire a local probate lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration.  Some of her property will pass to her spouse.  Some of her property will pass to her children.... Read Answer

Once you are appointed executor by the court, your obligations will include gathering all your mother's assets, including money stolen by your sister.  Your attorney can ask the court for a Turnover Order, ordering your sister to turn over the bank records and funds to the estate.  If she managed to spend or secrete all that money, she will still be civilly and criminally liable for its return. Contact a local probate attorney. APS has the power to get bank records but since your mother is dead may view this as low priority.... Read Answer

If your uncle had no children from another relationship, without a Will his estate passes to his wife.  Most couples' Wills also provide that the estate passes to the surviving spouse. If anything was left, it passes under the wife's Will, if any, or to her heirs, if there was no Will.... Read Answer

You might be able to file an Affidavit of Small Estate, which does not involve a court appearance, but half of those are denied, generally because the detailed requirements are not met.  It may be better to get a lawyer's assistance in completing and filing the form.  You also need to be sure that whoever holds the money will accept an Order Approving an Affidavit of Small Estate and not require Letters Testamentary or Letters of Administration.... Read Answer

Texas law requires that a Will be submitted to probate.  Please note that if your father left so little property that selling it would not pay for the cost of probate, his final expenses and his funeral, most lawyers will probably advise against doing so.  Please also note that most spouses leave everything to each other, which would be the result if there were no Will and the deceased had no children who were not the children of the surviving spouse.... Read Answer

Texas does not have superior courts.  The Will is filed with the probate court, county court at law or county court, depending on the county where your father lived and died.  If your mother does not submit the Will for probate, you can hire a probate lawyer who practices in that county to file a motion demanding the Will's production.  Note that if there is no Will, the distribution of your father's possessions will pass to your mother unless he had children who are not hers.... Read Answer

This varies by location (partly because court filing fees vary), by lawyer (experience varies) and by the type of probate.  You may be able to file an Affidavit of Small Estate or you may need to file an Application to Determine Heirship and Issue Letters of Independent Administration.  Take the facts of the situation (property, dollar amounts, family members) to a local probate lawyer for an estimate in your area.... Read Answer

A will has no legal effect until it is admitted to probate.  An executor has no authority until appointed by a court.  Try Volunteer Legal Services in your area or ask your local Lawyer Referral Service if they have a modest means program.   The executor may be able to evict you -- but only after a court appoints him executor.... Read Answer