How do I transfer title for a deceased family member’s house?

Posted by on Feb 1, 2019 in Probate |

This is an example of how most probates originate in my office — my client is trying to sell mom or dad’s house, and they have a real estate agent, a buyer, and an agreed upon contract. But, then here comes the Title Company telling my client how they need to do probate. This has to be done because when someone passes away in Texas that owns real estate, that is considered to be a break in the chain of title for Title Company...

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How Much Time Do I Have to File for Probate in Texas?

Posted by on Feb 14, 2017 in Probate |

A lot of people wonder how long they have to file for probate of someone’s estate.  In Texas, it is generally four years if you want to have an administration of the Estate with an Executor or Administrator being appointed.  You can file after four years for an Heirship, Small Estate Affidavit, or to probate a Will as a Muniment of Title only.  There are many caveats and ins-and-outs.  I give free phone and office consultations on all...

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How Much Time Do I Have to File for Probate?

Posted by on Feb 14, 2017 in Estate Planning & Trusts, Probate, Uncategorized |

A lot of people wonder how long they have to file for probate of someone’s estate.  In Texas, it is generally four years if you want to have an administration of the Estate with an Executor or Administrator being appointed.  You can file after four years for an Heirship, Small Estate Affidavit, or to probate a Will as a Muniment of Title only.  There are many caveats and ins-and-outs.  I give free phone and office consultations on all...

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Can I write my own handwritten Last Will & Testament?

Posted by on Feb 8, 2017 in Estate Planning & Trusts, Probate, Uncategorized |

In Texas, you can create an enforceable holographic Will.  A holographic Will is one that is in your own handwriting.  So, in Texas, you can write your own Will.  The best practice is to have an attorney create your Will.  There are many unforeseen pitfalls that can occur while writing your own Last Will & Testament.  However, Texas Estates Code Section 251.052 provides that a will written wholly in the testator’s handwriting is not...

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