What Documentation Should an Executor Gather to Respond to a Creditor’s Settlement Demand in Texas?
Disclaimer This article is for educational purposes only and does not constitute legal advice. For advice specific to your case, consult a licensed Texas attorney. Detailed Answer When an executor (personal representative) receives a creditor’s settlement demand in Texas, gathering comprehensive documentation ensures you respond accurately and protect estate assets. Under Tex. Est. Code §355.051, […]
Read article →How Can an Executor Challenge a Creditor Claim on Predatory Lending Grounds for an Elderly Decedent in Texas?
Disclaimer: This article is educational only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When an elderly person’s estate faces a creditor claim based on a loan with potentially predatory terms, the executor can move to disallow or void that claim under Texas law. The […]
Read article →How to access and withdraw money from a deceased person’s bank account during probate in Texas
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney for advice specific to your situation. Accessing a Deceased Person’s Bank Account During Texas Probate Detailed Answer When someone dies, their assets—including bank accounts—usually become part of their estate. In Texas, you generally cannot withdraw funds […]
Read article →What Factors Determine the Total Cost of Administering an Estate in Texas?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Texas probate attorney for guidance on your specific situation. Detailed Answer In Texas, the total cost of administering an estate varies based on multiple factors. Understanding these elements can help you estimate fees and plan ahead. Below are […]
Read article →How Can Original Wills and Codicils Be Located and Verified in Texas?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance on your situation. Detailed Answer In Texas probate, you must find and authenticate the original will and any codicils before filing a probate application. Under Texas law, these documents qualify as “testamentary instruments.” Follow these steps […]
Read article →Which Documents and Certificates Should Be Collected to Begin Estate Administration in Texas?
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Detailed Answer To begin estate administration in Texas, a personal representative must collect key documents that establish the decedent’s death, identify assets, and confirm legal authority to administer the estate. Organizing these items expedites the probate process and prevents delays. 1. […]
Read article →How can estate expenses and ongoing bills be managed during the probate process in Texas?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When someone dies, the probate court appoints a personal representative (often called an executor or administrator) to collect assets, pay debts and manage ongoing bills until the estate closes. In Texas, you begin by filing an application with the probate […]
Read article →What options exist for selling or transferring real property when an heir is a minor child in Texas?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When an heir to real property in Texas is a minor, they legally cannot consent to a sale or transfer. Texas law provides several pathways to protect the minors interests while allowing the property to be managed or sold: 1. […]
Read article →How to Enforce Life Insurance Proceeds Distribution in Probate in Texas When No Beneficiary Is Designated
Detailed Answer When a policyholder dies without naming a beneficiary, Texas law treats the life insurance benefit as part of the insureds estate. Under Texas Insurance Code 7110.201, the insurer must pay proceeds into the estate. To enforce distribution, follow these steps: Locate the Policy and File Probate: Gather the life insurance contract and any […]
Read article →How Can a Beneficiary in Texas Compel an Estate Administrator to Pay an Inheritance Share?
Detailed Answer Under Texas law, a beneficiary’s right to their share vests the moment the decedent dies. See Texas Estates Code §301.002. The personal representative (often called the administrator) holds a fiduciary duty to gather assets, pay lawful debts, and distribute the remainder to beneficiaries. If the administrator delays or refuses distribution, you can take […]
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