Probate

Who Has Authority to Probate a Will?

January 30, 2013

Although it is the Executor named in a Will who typically files the Will for probate, the Texas Probate Code provides a Will can be filed for probate any interested party. So for example, if you are a beneficiary named in a Will, or even a creditor of the estate who will not be paid [...]

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Is Probate Necessary to Transfer Title to a Vehicle?

January 23, 2013

I received an email recently from someone whose unmarried brother had died without a will.  He was survived by both his parents, one full sibling and three half siblings. He lived with his father and his only possession was a vehicle.  The writer asked whether probate was necessary to transfer title to the vehicle. If [...]

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Can I Force My Stepmother To
Show Me My Deceased Dad’s Will?

January 9, 2013

Imagine your father, who is no longer married to you mother, dies leaving a Will. He told you that you were a beneficiary of his estate, but when you ask you step-mother to see the Will, she refuses to show it to you or to probate it. She insists your father left everything to her. [...]

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Is It Possible To Probate A Lost Will?

October 10, 2012

Probate usually involves filing the decedent’s original Last Will and Testament with the court. But what happens when an original Will cannot be produced? Is it possible to probate a lost Will? When an original Will cannot be produced, there is a presumption that the Testator revoked it. However, this presumption is rebuttable. Texas has [...]

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Do I Have To Accept An Inheritance?

September 12, 2012

In January, I wrote about a deadbeat dad who claimed part of his deceased son’s estate, even though he had not been part of his son’s life for more than thirty years. The potential of inheriting money often brings distant and estranged relatives out of the woodwork, clamoring for as much of an estate’s assets [...]

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What Are The Duties of An Executor?

August 22, 2012

When a person dies and probate is necessary, a court will appoint a personal representative, called an executor or administrator, to oversee the winding up of the decedent’s affairs. The duties of the personal representative are: to inventory and collect the decedent’s assets; to manage the assets during administration; to receive and pay the claims [...]

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