Texas Probate Legal Questions

I would suggest that you find a competent probate lawyer to assist you .  An affidavit of heirship is not that  difficult to prepare if you provide all of the information that a lawyer needs. Your question says you opted not to probate the will because you were paying for the property (big mistake). Then you complain about a lawyer who never finished the probate.  Which is it.... Read More

It depends!  Don't you just love that.  IF your dad had a will and left everything to his new wife, then her will, if any, controls.  Whether he left a will or not, both estates have to go through probate court to determine who gets what.  Your best bet is to hire a lawyer to represent your interests.... Read More

Whoever told you they need a power of attorney, has no idea what they are talking about.  Powers of Attorney in Texas (and everywhere else for that matter) are revoked upon death.  So even if your son had given you his power of attorney, it would no longer be a valid document.  What you don't say in your question is what you are trying to do with his vehicle.  I don't know where you are located, but most probate and estate planning lawyers will spend some time with you on the phone for nominal charges or for free to get you pointed in the right direction.  ... Read More

Without a court order vesting title to the various assets in the legitimate heirs, no one can do anything except wait for the taxing authorities to foreclose or the reverse mortgage holder to take the property.   The power of attorney you refer to was revoked by operation oflaw when your mom or dad (whoever signed it) died.  IT is now worthless.... Read More

The provision means that your sisters are not to receive any compensation for their services as executors, it doesn't mean that they are not entitled to money as beneficiaries or for other services they may provide to the estate, for example if one of them was the realtor handling the sale of your mother's home.  If you believe that your sisters have wasted, and/or stolen, money from the estate, you, on behalf of the estate, can sue them.  Moreover, in New York at least, and I would expect in Texas, before a probate estate can be closed the executors are required to account to the beneficiaries and the court for what they have done with the estate's assets, and your sisters will have to provide more informaiton then 'it's gone."... Read More

It depends what kind of tax you are talking about.  Is it real property tax (ad valorem).  If so, it is prorated as of the date of sale.   If you are talking about income tax, then you need to see a estate lawyer to determine your basis in the property to determine whether you had a gain or loss. If you are talking about estate tax, then your inheritance is at a minimum over 12 million dollars.  Hire someone.... Read More

For the house, you need to hire a lawyer to help you through the probate process. If your father died without a will, you would require an intestate probate process in the county where your father lived/owned property. While some individuals may be able to do it themselves, I recommend you consult with a lawyer first. For the vehicle, you may be able to use an affidavit of heirship for a Motor Vehicle. ... Read More

Court proceedings including probate often take a long time especially when one or more heirs are not cooperative.  It is likely that the son in California will have to be served with citation and that the action will have to be converted to a dependent administration.  If you feel your lawyer is ignoring you, you are certainly free to discharge him or her and hire a new one.... Read More

You need to seek out the help of a probate lawyer to examine who the potential heirs are and if they all agree on what they want to happen.  Typically this would involve a probate proceeding called an appliczstion to determine heirship followed by an agreed application for an independent administration.  You can not do this yourself.  Hire a lawyer... Read More

Simply put NO NO NO NO. This type of DIY with a Google degree in law is likely to cost his heirs 10-20 times as much to fix after his death as opposed to if it was done right to begin with. Would your father inlaw takes his appendix out while reading a manual on how to do it?  Likely not!!... Read More

So sorry for your loss.. The fact that your husband told the mortgage company that you were his beneficiary is of no legal consequence.  There should have been papers prepared and filed both tin the deed records and with the mortgage company.  Did your husband have a will?  Did it leave everything to you?  Are you the named Executrix?  If so, the process is straightforward.  The will needs to be filed for probate in the appropriate court in the county in which your husband was domiciled at the time of his death.  Once filed and some additional papework is filed with the court, there can be a hearing and (if you are the named person) you will be appointed independent executrix without bond.  After that, there are a few more court papers that need to be filed, but you can proceed  (with a lawyer's help) to transfer the property to yourself.  This transfer does NOT extinguish the debt but as executrix of the estate the mortgage company or its sucessor will want to talk with y ou.  Without a will an application to determine heirship must be filed probably coupled with an application to appoint an independent executrix.  Much more complicated and time consuming.  As a practical matter, the mortgage company probably won;t do anything adverse to your interest as long as you are paying on the exiting mortgage. Do yourself a favor and find and hire an experienced Probate Lawyer ... Read More

If you are a named beneficiary in the will as you indicate, the court would require that the applicant who filed the application to probate the will give notice to and receive waivers from all beneficiaries who might inherit.  If you are a first tier beneficiary and did not receive notice, something is wrong.  You should hire a lawyer immediately to determine if you have a case.... Read More

First if there is a reverse mortgage the entity that holds that is first in line.  Second and more to the point unless a court has appointed someone as the representative of the estate, no one  has the power to sell or do anything with the house.  You should probably hire a lawyer to file for a TRO to stop your sister.... Read More