Texas Probate Legal Questions

Yes - you have to hire an attorney and file his Will for probate.  The Will is of no force and effect - meaning, it is not binding upon anyone - until it is admitted to probate (found to be valid by a court of law).  You must file it/offer it for probate within 4 years of the date of your father-in-law's death.  You cannot file the Will for probate yourself, because it is considered the unauthorized practice of law; you must hire an attorney to do so, but the procedure is relatively routine from what you have indicated, so should not be overly expensive. We are happy to discuss probating your father-in-law's Will. Call us today at (214) 965-9999 Sincerely, Kevin Spencer Visit out website: www.spencerlawpc.com   ... Read More

I assume that your father's house is in his name only.  Other problems could exist if your mother's name or someone else's name is also on the deed. You indicate that you are the Executor of the will.  If you are named as Executor in the Will but have not started a probate you will need to open a probate.  If the Will is properly drafted the Will will give you the power to sell the property without Court intervention.  If the Will does not give you that power you will have to get the permission of the Court to make the sale.   That is a more difficult way to have to do it.  But it may be necessary.   Assuming you have the power under the Will, You, as Executor, have the authority to handle the sale without the joinder of the nieces.  Some title companies might require the nieces to join in signing the deed.  You might wish to discuss the matter with a title company rep.  I am sure they would get you started in the right direction.   If I can help further let me know.   Russel L. Robinson... Read More

You are not required to use a lawyer. If you are familiar with the Texas requirements for drafting the document then it could be valid. The danger if you do not have a lawyer is that you may create a conflict between the heirs unless it is clear, complete and there are no minor children or mentally handicapped adults. You also need to make provision for debts, appointment an administrator and alternates who are qualified.... Read More

To find out if your father's will was probated, you have a few options. Depending on what county he lived in when he was live, you may be able to go to the county clerk's website, and search the probate records online. Another option is to visit the county clerk's office where he lived and do a search for your father's name in the probate records. In either case, the county clerk's office records when people's wills are probated and would have the information as to whether or not your father's will was submitted to probate. ... Read More

If your mother passed without a will, you may need what is known as an affidavit of heirship to have a house she left behind put into your name. It is unclear if you have siblings, but if you are an only child, an affidavit of heirship would describe your mother's life (whether she was married, divorced, had other children, what date she died, etc.) and you would need two disinterested witnesses to sign the affidavit under oath. The witnesses can be close friends, neighbors, or family members who aren't close kin. ... Read More

The answer to your question will depend on the characterization of the property.  There are two kinds of property  -- separate and community.  If the house was community property, your Dad owned an undivided 50% and your mother owned an undivided 50% .  Your Dad could only transfer the half which was his to your mother. He may only have transferred a life estate in it to your mother and the title to transfer to your son on her death.  Look at the Deed to the house, and the wording in your Dad's will.  You probably need to take the papers to your local attorney, because the only way to give a "for sure" answer is to review the documents. Assuming your mother has fee simple title the the house (meaning full ownership of 100% rather than a life estate in half)she can sell it, give it to anyone  or will it to anyone at her death.  ... Read More

From your explanation of the facts, it is un-clear why you did not just take care of it yourself.  As to the POA, if it lists the specific duty you requested of the cousin, there is a breach of the fiduciary duty, and you may wish to retain an attorney.  A general POA is a different story. Once you give the power to another person - in this case the cousin- they have the right to act in your stead -- hopefully as you would wish them to -- but the POA has the control! Contact an attorney if the POA was limited.   Your only recourse if the POA was general is an attempt to negotiate with the POA ... Read More

If your Aunt is still alive, it would be wise to have her attorney look at the trust and perhaps revise it to be more specific. If your Aunt has already passed, put the trust in the hands of an attorney used to working with trust issues for handicapped persons.  He/she  should be able to set up the trust to care for the remaining beneficiary without interfering with possible government benefits such as medicare/medicaid.  This can be a very technical and critical issue so look for an attorney who specializes in this type case.... Read More

This may be a very complicated situation, unless he left a will. The estate will be controlled by the will, if there was one.   Intestate sucession controls if there was no will.   The rules are very specific and you can look them up on the internet.  Google " Texas Probate Code and read sections 38 through 47.  Once you have done that, if it appears you have a possible interest in the estate of your Grandfather, hire an attorney.... Read More

It is sometimes hard to get all the deed records figured out if you do not do it with regularity.  I suggest that you go to a large, well respected title company in your area and ask  them to do a "property profile" on the land.  (some companies call this search something else so yu may have to explain what you are looking for)  You will need the legal description. (They might even ask to see the will, but often it is not needed)  It will cost you somewhere about $100- depending on the complexity of the title. ... Read More

Dont call me but call a local TX lawyer who handles estates. Under PA law, you may have the right to challenge the will if dad was incompetent. If his physician would render an opinion dad had no capacity to sign a will at the time he did so, you may be able to have the probate court set the will aside. ... Read More