Texas Probate FAQs

Yes. Unless title company will take affidavit of heirship, probate is the cheapest and quickest solution.

Assuming you have probated the will and been named executor by the Court, you can evict your sister. You will probably need an attorney to help with the eviction. A grandchild does not have homestead rights in her grandmother’s house.

We call our specialties different things: some call this elder law, probate law, estate planning, guardianship, etc. The thing to look for is experience with someone in handling guardianship matters in Court and estate planning services for the will and powers of attorney.

You will need to retitle, but the executor will need to deliver you the titles signed by the executor and a copy of the letters testamentary to do this. You will not be able to get your annual registration without updating the title.

You need to open probate either by probating a will or opening administration, if there is no will. Probating a will is very quick, but the administration can take longer depending on the heirs and other facts. You should start as soon as possible to be able to get the royalty checks started again.

At minimum, you need to probate your mother's will in the county where she resided at the time of her death. An attorney's assistance is required by the Court to appoint an executor, so you need experienced probate counsel. Further services could be required depending on what, if anything, was done with your dad's estate.

Let me offer this guidance in general terms: the house apparently belongs to your father and mother. You aren’t the owner unless you are your father’s heir. Without a will, that depends on heirship law and I don’t know enough facts to tell you at this time. Mom, if she is the sole owner, can [...]

JTWROS or POD are designations meaning the assets passes outside of probate by either “Joint ownership With Right of Survivorship” or “Payable on Death” to the other person(s) listed on the account. This is one of my least favorite things to see in Probate practice. We know that the will represents what the decedent wanted, [...]

The trust may very well be an attempt to circumvent your community property rights. You need to consult an attorney to review the trust and possibly challenge the transfer of the homestead and possibly other assets into the trust.

If your father drafted the will while married leaving property to Wife X, then he divorces Wife X, then the gifts to Wife X are void.