Texas Probate FAQs

Dec 15, 2017

I gave a land deed to my lawyer to transfer the deed to my sister’s name through an affidavit of heirship. Is the original land deed kept by the lawyer?

2017-12-15T17:07:44+00:00December 15th, 2017|

The original deed must be filed with the County Clerk to be effective. In most counties now, the clerk scans the deed and immediately returns the original to the filer. In other counties, the deed is recorded and eventually returned to the filer. You can request the original from the attorney, But you should confirm [...]

Dec 15, 2017

How can I remove 7 people from property if I can’t find them or if they are unemployed and can’t afford the upkeep? My Dad died and had 8 children from several relationships. Most of them I never knew or can hope to find. I’ve been paying the taxes by myself and what the property all in my name.

2017-12-15T17:07:20+00:00December 15th, 2017|

In this situation, you need to think about living elsewhere. Stop paying 100% of taxes on a property that you own 1/8th! Go to probate court, establish your ownership, get a partition order, and collect your 1/8 of value and go buy a place that is 100% yours.

Dec 15, 2017

I am told that a handwritten will is still legal and enforceable in Texas. Is this the case and what is the drawback of it?

2017-12-15T17:06:47+00:00December 15th, 2017|

Well, for starters it isn’t self proving. It probably lacks independent administration language. It probably doesn’t gift all of the property or contain a residuary clause. It probably doesn’t do anything any decent attorney would do for a reasonable fee. Go ahead be cheap and don’t hire an attorney to draft the will. I will [...]

Dec 15, 2017

Do I need a lawyer to file a small estate affidavit?

2017-12-15T17:05:47+00:00December 15th, 2017|

Technically, no, but drafting them correctly is more difficult than it should (don’t blame me, I didn’t write the statute!) You can probably find the form and you need to read the probate code, section 137, very carefully. You can then file without an attorney, but if it is wrong, the Judge will reject it [...]

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