Texas Probate Legal Questions

If you are the only beneficiary, you might wind up with the house.  But it is the executor's duty to gather the assets, pay the debts and distribute what is left according to the Will.  The house may have to be sold to pay the debts.  If so and if you do not leave voluntarily, you could be evicted.... Read More

If grandfather had a will, the distribution of his estate is governed by ther terms of the will.  If he died more than 4 years ago, his will, if any, is no longer eligible to be probated per Texas law.  That would mean that his estate is subject to intestate distribution.  If his wife is still alive, generally she would get everything.  If not, all his children whether born of a marriage or otherwise are the heirs.  If I understand your facts correctly, one of his children died after grandfather did.  IF that is the case, then the deceased child's children take their parent's share. Here's a link to intestate distribution in Texas.   https://www.dallasestateattorney.com/wp-content/uploads/2010/05/Legal-Effect-of-not-having-a-will-in-texas.pdf... Read More

If there is a house, submitting the Will to probate and getting appointed executor will stop the mortgage lender from foreclosing for six months, giving you a chance to sort things out.  The home and up to $60,000 in personal property (such as the car) can also be set aside for you and the children, protected from creditors other than a mortgage lender or a auto lender.  If there is no home, a certain amount can still be set aside for you and the children. Depending on your income, Volunteer Legal Services in your area may offer free legal representation and the court may waive filing fees.  If you do not qualify, Lawyer Referral Services has a "modest means" program.  ... Read More

A Will has no legal effect until a court admits it to probate.  Probate is proving:  proving that it is the Will (and the complete, unaltered and latest Will) of the person who died and that the person applying to settle the estate as executor is the person named as executor in the Will and is qualified to serve (has no financial conflict of interest and is not a felon who has not has his rights restored).  Probate also provides a way for creditors to submit their claims and for the executor to pay them in the order and amounts specified by Texas law.  In addition, it includes a requirement that the executor submit an Inventory, which tells the IRS whether the estate is taxable and gives creditors and beneficiaries some idea of what they might hope to receive.  Under federal law, mortgage lenders cannot foreclose for six months after the executor is appointed by the court.  Beneficiaries can demand an accounting 15 months after and, if they have not received distributions, ask the court to replace the executor 24 months after.  By issuing Letters Testamentary to the executor, the court gives the executor authority over all the deceased's property and thus a way to legally transfer ownership to beneficiaries.    ... Read More

You should discuss this with your probate attorney, who is obliged to provide the person's name and contact information to the attorney ad litem representing unknown heirs, heirs whose address is unknown and heirs who cannot act for themself.  While DNA tests might be required, listing the person in the obituary is one form of acknowledging paternity.... Read More

There is no such waiver.  When there is a Will which has been submitted to probate (proving that it is the Will of the person who died), the court-appointed executor (usually the person named in the Will) or that person's attorney sends a copy of the Will and the court's Order to the named beneficiaries. If someone wants to contest the Will, they should write the court after the Will is submitted for probate and before the hearing at which the court admits it.... Read More

Often the agent under a Durable Power of Attorney must sell property and land to pay for the care of the person who granted it.  But some agents do violate their duty of trust, fail to report to the person who granted them the power, etc.  If you would like to discuss the situation with an elder lawyer near you, you can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

The first step is a heirship proceeding to determine who are the heirs and appoint someone to administer your mother's estate.  Whether this can be done through an Affidavit of Heirship, a Small Estate Affidavit or an Application for Determination of Heirs and Issuance of Letters of Administration varies with the circumstances.  However it is done, the back taxes and all of your mother's other debts must be paid even if this means selling the house.  Please contact a probate attorney who practices in the county in which your mother lived and died to further explore your options.... Read More

If the administrator does not need to sell the house to pay debts but has distributed it to you and your sister 50-50, instead of forcing a partition and sale to collect your 50% of the net proceeds, you could theoretically enter into a lease with your sister -- if she agrees.   Please note that you will have all the repair and property tax obligations of a landlord, pay income tax on the proceeds, and should hold any rental properrty in an LLC with the proper amount of property liability insurance to insulate your other assets from claims.  As your sister should be aware, a lengthy lease awill result in your receiving more, over time, than would a sale.  Note also that contracts for deed are no longer legal in Texas.... Read More

You would not want to buy a partial interest in the home so you must wait for the court to appoint the widow administrator.  Since the daughters would not sign to assign their interests to her, they well may not sign agreement to let the widow serve as independent administrator with a power of sale.  If they do, it could take about three months to get to a hearing appointing her and she could then sell the house.  If they do not, an additional two step proccess is required.  How long this takes varies from county to county but is unlikely to take less than a month and could take two.... Read More