Texas Probate Legal Questions

The Will itself may state that any gift to a beneficiary under 18 shall be held in trust until she reaches a certain age.  Check the county probate records for a copy of the Will. If not, since a minor cannot inherit, the inheritance must be paid into a Uniform Trust for Minors Act bank account (for amounts under $35,000), into the court registry (for amounts up to $100,000) or into a court-created trust (for amounts over $100,000). Spouses and family members can ask for a home and contents to be set aside in a dependent administration.  Talk with a probate lawyer who practices in the county in which your daughter's father lived and died to see whether this is a possibility. If not, while you do not give dates, it is (barely) possible that your daughter was 17 when her father died but will be 18 when the estate is admitted to probate and distributions can be made AND that the house does not need to be sold to pay for the expenses of her father's last illness and funeral and the cost of administering his estate.  If so, hire a probate lawyer who practices in the county in which her father lived and died to create a Family Settlement Agreement and/or file a Motion with the court permitting her to inherit the house.    ... Read More

SSDI is not needs-based.  SSI/Medicaid is.  In Texas a Will can be reformed retroactively to provide that any inheritance of a beneficiary who is disabled will be paid to a special needs trust or a master pooled special needs trust such as the ARC of Texas Master Pooled Trust to preserve needs-based benefits.  The executor should ask the probate attorney to file a Motion asking the court to do this.  ... Read More

Few funeral directors will take action unless the entire family agrees.  Please remember that the estate must pay to store the remains until an agreement is reached. Your mother-in-law could have completed an Appointment for Disposition of Remains stating what she wanted done and who she wanted to do it but, from your post, it sounds as though she did not.... Read More

In most, maybe all, states, if you have not received a distribution in a certain period of time (say, two years after the executor is appointed, as in Texas), you can ask the court to replace the executor (maybe with you).  You do need a probate lawyer who practices in the county in which the probate proceeding is pending.  You may be eligible for free representation through Volunteer Legal Services there or, if not, qualify or the Modest Means programs of the local Lawyer Referral Services.... Read More

Your stepfather has a lifetime right to occupy the property but when he leaves it, your mother's 50% community property interest in the property is divided among all her children.  Contact a local probate lawyer about filing an Application to Determine Heirship or other document which will secure your rights.... Read More

If there is no Will, the estate must still be settled.  If your mother has been appointed administrator by the court or a court has approved a Small Estate Affidavit or a title company recognized an Affidavit of Heirship, she can, and in the first two cases has the duty to, sell the house, pay the debts and distribute the remainder according to the Texas intestate rules. Time to move.... Read More

Only your mother herself can change her Will.  When "her" new Will is presented for probate (proving), it becomes a public document.  If you have a copy of her "old" Will or evidence that her dementia was advanced to the point that she could not have had a "lucid moment" in which to make a new Will, contact a probate lawyer who practices in the county in which she died.... Read More

No.  As agent under your mother's POA you can only use her funds (or her credit) for her best interest.  You also cannot do anything which would give you more than you would receive under her Will or as an heir.  You, not your mother, are responsible for your children's food, shelter and medical care.... Read More

You are incorrect.  The Texas law of heirship is not "1/3 to each one for including my stepfather."  He has a right to his 50% of community property and a 1/3rd life estate in the homestead. Please ask a probate attorney who practices in the country where your mother lived and died to help you file an Affidavit for Determination of Heirship and ask to be appointed to settle your mother's estate.   Please also note that your stepfather's immigration status is irrelevant.     ... Read More

In Texas probating your father's estate may cost less than you imagine.  You will need the help of a probate attorney who practices in the county in which your father died.  If he left no Will but no more than a home, up to $60,000 in personal property and up to $75,000 in other property (such as a bank account), you may be able to file a Small Estate Affidavit.  Otherwise, you will need to probate the Will or file an Application for Determination of Heirship and Issuance of Letters of Administration.  Depending on how much cash is in the estate and how much debt there is, you might find a lawyer who will represent you in exchange for payment out of the estate.  If your income is low enough, you may qualify for pro bono representation through Volunteer Legal Services in your area.... Read More

If you are not on the deed, it is not your home.  The executor's duty is to gather the assets, pay the debts and distribute the rest.  You might file a claim for reimbursement for payment of taxes, which would be stronger if there were a writen agreement between you and your grandmother.  Basically, you have no rights.... Read More

If the insurance checks are payable to your son's estate and not to you directly, I am you may need to hire a lawyer.  If the total is under $75,000 and IF you can get a bank to accept a judge's Order approving an Application of Small Estate, you could try to file the Application and proposed Order yourself but over half of those are rejected, probably because the details required are not obvious.  You would be wise to get a probate lawyer to help you get it right the first time:  the court clerks cannot tell you how to correct any mistakes you may have made.  If the total is more, in almost every Texas county you must hire a probate lawyer to help you file an Application to Determine Heirship.  Once the judge issues an Order appointing you Administrator of your son's estate, you can open a bank account for the estate and desposit the checks.  After any bills are paid, you can write a check for what remains to you as your son's heir. This sounds like a situation in which many attorneys would be willing to front the costs and take court filing fees and attorneys' fees out of the estate.  ... Read More

While Volunteer Legal Services may help you present the Will for probate, they usually do not handle Will contests.  You are unlikely to learn whether another attorney thinks you have such a strong argument that they are willing to represent you in exchange for being paid out of your theoretical share of the estate by posting here:  there are too many unknown facts.... Read More

If you are the person named as executor in your mother's Will, the locksmith will likely help you change the locks.  You cannot bring an action to evict your sibling until you are appointed by the local probate court.  But if your sibling is "doing unlawful things," you can report him to the police.... Read More