Texas Probate Legal Questions

Unfortunately the answer is no.  Jurisdiction for probate in Texas is the county in which the decedent was domiciled at the time of their death, next would be the county in which they died or in which their property is located.  A wrongful death suit is most probably brought as part of the probate proceeding depending upon the state where the wrong occurred.  ... Read More

The first thing you should do is ask the bank what they will take.  You will probably need a lawyer because for you to get beyone the first line clerks who read from a manual is going to be impossible.  A probate lawyer could probably cut through the red tape and get a reasonable answer.  From a practical standpoint, since your mother was alive when your father died, the account (or its contents) would first pass to her estate and then from hers to you if you are the sole beneficiary.  Since you say you are both of their executors but can't find the will, a copy might work for your mother.  It is too late to try to probate a will for your father absent some very stringent circumstances.  A small estate affidavit and order might work but again unless you have a lawyer who knows what they are doing and who has all the facts, you are likely to mess this up.  A cut to the chase answer...HIRE A PROBATE LAWYER.... Read More

Yes that is a reasonable fee.  You might find some that are less and some that are more.  A great deal depends on the facts of the case that are not presented here.  For instance if you son did not have a will, $3000 is CHEAP  If he did have a will, $3000 plus out of pocket expenses are reasonable  ... Read More

You need to hire a lawyer.  If you had a lease with your deceased parents and if it was in writing, it might be binding upon the estate and therefore your sister who you say is named executrix would have to abide by it.  Assuming there was a court action appointing  your sister as executrix, the appropriate place to bring this action is in that court.  You can not do this without a lawyer.... Read More

Typically it takes an attorney to probate a will.  There are a number of issues with heirs or potential heirs or non lawyers attempting to go through the probate process.  First when a will is submitted for probate, it creates a new entity, The Estate of Whoever..  Since you are not licensed to practice to law, your attempt to represent the Estate in a legal proceeding is against Bar rules.  Secondly, even if a court allowed, it, there are multiple steps in a probate proceeding and missing one or doing it wrong could be catastropic for the heirs of the estate ... Read More

You could take your brother to court to sue him for the reasonable value of the rent of the premises since he moved in.  That might promt him to move.  If that doesn't you could seek to partition the party so you could sell your share.  That also might prompt him to move on the verbal deal.  In Texas Verbal agreements relating to real estate are difficult and sometimes impossible to prove.  Call a local lawyer.... Read More

In order to change title to the house, a probate proceeding in the county in which your uncle was domiciled at the time of his death is necessary.  If there is no will, then an heirship proceeding will be necessary.  If you fall withing the Texas intestacy scheme of inheritance there is a chance you will inherit some part of the property.  Hire a lawyer.... Read More

Most county deed records are available online, often for free.  Please keep in mind that unless your mother recorded a Transfer on Death or Lady Bird Deed (officially called a General Warranty Deed Reserving Extended Life Estate), the home belongs to you mother's estate, not to you and not to your brother.  Someone must probate (prove) the estate to transfer title to the people named in her Will, if any, or, if none, to her heirs under Texas law.... Read More

I think you may be confused and using the wrong term, because you don't "need" an estate, it simply comes into being when you die (there are other types of estates, such as a bankruptcy estate, but I"m talking about a decedent's estate).  When a person dies, his estate automatically comes into being, whether or not there is a will.  The estate becomes responsible for the decedent's debts, owns his property, etc.  If there is a will, the person's assets will be distributed pursuant to its terms (with exceptions, such as accounts with named beneficiaries, which pass accoring to the beneficiary designation regardless of the will,  life insurance proceeds, property owned jointly witha right of survivorship, etc.)  If there is a will, benerally the person named in the will as the executor administrers the estate.  If there is no will, a person will be appointed by the court to administer the estate (in NY this person is called an estate administrator, but the term may be different in Texas).  If there are no issues with the estate, i.e. everyone agrees on who is to get what, all ceditors are satisfied, there are no changes of title or other official documentation needed, you may not have to go to court, but if there are any disputes or official documentation needed, you will have to, will or no will. I hope this helps.... Read More

You must apply to settle your father's estate as executor (if he had a Will) or administrator (if he did not) and transfer the title to whom he named in the Will or to his heirs at law (including your siblings, if any).  If he left little more than the house, you may be able to do this using a Small Estate Affidavit.  Discuss the details with a local probate lawyer.... Read More

Yes, any Will should have two witnesses who will not inherit and attach a signed, witnessed and notarized Self-Proving Affidavit.  Be careful.  Most handwritten Wills fail because they leave something out, something you may not have thought of but a lawyer would.  One example raised by your description is the need to have a successor executor (or two) in case your brother is unable or unwilling to serve.... Read More

Sounds like blackmail, doesn't it?  Pay my asking price or I will live in the property for free.  Fortunately a Suit to Partition can be filed.  If one sister cannot buy out the other at an agreed price, the property must be sold to a third party and the net proceeds split between the two.... Read More

Without actually seeing the will, it is difficult to speculate on what might happen.  If i read your question correctily, the person who wrote the will left her property to her 3 children and and 4 grandchildren.  This is an unusual way to bequeath an estate in my experience.  If the will has the correct language, then the additional grandchild will step in as an heir as well.  If it does not, then that additional grandchild is out of luck.   Typically in the situation you describe, a person would leave their estate to all of their children and if a child was dead and left children, that child's share would pass to his or her children.  If that's what the will says then in all likelihood the after born grandchild is probably an heir as well. You would be best advised to seek legal counsel.... Read More

IT's not clear whether your dad had a will or not.  It is also not clear whether or not his estate (will or not) went thru the probate procedure necessary to clear title to assets in the appropriate beneficiaries.  Without knowing if he had a will or the family tree and whether or not there was a probate proceeding for your dad it is impossible to speculate on what the outcome might be here.  If you dad had a will and left everything to your stepmom, she was within her rights to give it all to whoever she wanted to.   You should contact a local probate lawyer for more fact specific advice.... Read More

A great deal will depend on whether or not the trust owned the oil and gas interest at the time your husband died.  Over the years, i have seen many trusts set up but assets not transferred to it.  It may be best to hire a Texas probate lawyer to deal with Marathon Oil to see what needs to be done.... Read More