Texas: Can a Prenuptial Agreement Affect a Life Estate or Your Inheritance?
Can a Prenuptial Agreement Affect a Life Estate or Your Share of an Estate in Texas? Short answer: Yes — a valid premarital (prenuptial) agreement in Texas can change how property is treated on death and may reduce or eliminate a spouse’s community-property claim that would otherwise affect assets used to fund a life estate […]
Read article →Texas — How to Confirm an Executor’s Calculation of Your Percentage Share from the Sale of a Sibling’s House
How to confirm the executor correctly calculated your share from a sibling’s home sale (Texas) Scope: This answer explains, in plain language, how to verify that a personal representative (executor) in a Texas probate handled the sale of a decedent’s house and correctly calculated your percentage share. Disclaimer: I am not a lawyer. This is […]
Read article →Selling a Deceased Person’s House During Probate in Texas: Mortgage and Personal Representative Responsibilities
How the Probate Process Affects Selling Real Property with a Mortgage in Texas Detailed Answer When a homeowner dies in Texas and the decedent’s house still has a mortgage, the mortgage does not disappear. The mortgage remains a lien on the property and must be dealt with before a new owner receives clear title. Whether […]
Read article →Texas: Selling a Deceased Parent’s House — Creditor Notice and Small‑Estate Procedures
Detailed Answer: Selling a Deceased Person’s Home in Texas and Creditor Notice Requirements Short answer: Using Texas’s small‑estate procedures does not automatically mean you must run a three‑month creditor notice in a newspaper before you can sell the decedent’s house. However, whether you can sell the home without formal probate depends on how title is […]
Read article →Proving Vehicle Value in Texas Probate: How to Document a Decedent’s Cars and Trucks
How to Prove the Value of a Decedent’s Vehicles in Texas Probate Short answer: Collect documentation that shows condition and market price, get one or more professional or dealer appraisals when necessary, and present that evidence to the personal representative and the probate court (or other claimants). Texas rules let the representative use a supported […]
Read article →Proving the Value of a Deceased Parent’s Vehicles During Probate in Texas
How to Prove the Value of a Deceased Parent’s Vehicles During Probate in Texas Short answer: Identify whether the estate is administered independently or by a dependent administration, gather title and vehicle documents, obtain one or more market-value indicators (dealer or certified appraisal, NADA/KBB/NADA Guides, comparable sales), document liens and payoffs, and file whatever inventory […]
Read article →Texas: How to Be Appointed to Administer an Estate (Small Estate vs. Probate) to Run Notice to Creditors and Sell Real Property
Can I be appointed as a limited personal representative under the small estate process so I can run a notice to creditors and sell real property? Short answer: In Texas, the small estate affidavit process is designed to help an eligible person collect certain personal property without a full probate administration. It generally does not […]
Read article →Proving a Zero Balance and Closing a Spouse’s Estate in Texas
How to show an estate has a zero balance and formally close a spouse’s estate in Texas Detailed answer — step‑by‑step process under Texas law Below is a practical, court‑oriented roadmap for proving an estate has no remaining assets or debts and obtaining a formal court order closing your spouse’s estate in Texas. This explains […]
Read article →Using a Small Estate Affidavit for Intestate Estates in Texas: When You Can Avoid Formal Probate
Can You Use a Small Estate Affidavit for an Intestate Estate in Texas? Short answer: Maybe. Texas provides streamlined, non‑probate ways to collect many kinds of property after someone dies without a will (intestate). A statutorily authorized small estate affidavit and other informal tools can often transfer personal property when the estate is below the […]
Read article →Texas: If Mediation in a Partition or Probate Dispute Fails — Will You Still Need Court?
When Mediation in a Texas Partition or Probate Dispute Doesn't Resolve the Case Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice specific to your situation, consult a Texas attorney. Detailed Answer Mediation is a voluntary or court-ordered process where a neutral mediator helps parties try to reach […]
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