My mother has been living in California for a lot of her life if not most of her life but lately she has been living back and forth between California and Texas and now lives and will probably live the rest of her life in Texas. She has real property in California and her legal documents ( trust, last will etc. ) was done by a lawyer in California. I understand it's much better to file probate in Texas rather than California. Can I file in Texas when the time comes?
To avoid someone having to probate her estate in both California and Texas, your mother should see an estate planning lawyer (preferrably one who is also an elder lawyer) about creating a Texas revocable living trust and putting her California real property in that trust. While Texas courts will recognize an out-of-state Will if it was properly executed under the laws of the state where it was signed, she may want to exchange her California will for a "pour over" Will to pour over anything not formerly transferred to the trust into the trust. Her probate, if any, will then be very simple.
In any event, in Texas probate of a properly drafted and executed Will can be relatively cheap, fast and simple. If the Will so provides, the estate can be settled independent of court supervision. The executor need only appear in court for 10-15 minutes to promise to be a good executor and pick up Letters Testamentary, giving him authority over all the property. Documents apart from the original Will are efiled by the attorney. Other than the court appearance, the executor need only submit an Inventory.
This would be a good opportunity for your mother to also create documents to designate who should pay the bills when she cannot, who the doctors can talk to, who should speak for her when she cannot communicate and other documents to keep her in charge of her medical care. She can find a local elder law attorney on the website of the National Academy of Elder Law Attorneys (www.naela.org).
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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