What options exist to secure missing estate documents from uncooperative institutions in Texas?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss the facts of your case. Detailed Answer When an institution—such as a bank, title company, or county clerk’s office—refuses to release estate documents, you can use procedural tools under Texas law to secure them. Below […]
Read article →What Deed Should Texas Heirs Use to Convey Their Property Interests and How Is It Recorded?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation. Detailed Answer When heirs inherit real estate in Texas and wish to convey their undivided interests—whether to one another or to a third party—they must execute a proper deed and record it […]
Read article →How can John Doe verify that creditor notice requirements were satisfied in the original Texas estate to rely on the two-year rule?
Detailed Answer Under Texas law, a claimant may rely on the two-year statute of limitations for estate claims only if the personal representative properly notified creditors at the start of administration. To verify compliance, your first step is to obtain a certified copy of the probate file from the county probate court where the original […]
Read article →Should a personal representative open an estate account to handle the money of the estate? (Texas)
Detailed Answer Under Texas law, a personal representative (sometimes called an executor or administrator) must separate estate funds from personal funds. Opening a dedicated estate bank account helps you track money, fulfill fiduciary duties and comply with court requirements. Texas Estates Code §402.003 requires a personal representative to deposit estate money into an interest-bearing account […]
Read article →What Steps Are Needed to Bring Real Property into the Estate to Pay Claims in Texas?
Detailed Answer When someone dies owning real property solely in their name, the personal representative must include that property in the probate estate so creditors can be paid. Under Texas law, follow these main steps: 1. Open Probate Proceedings File an application in the probate court of the county where the decedent lived. If there’s […]
Read article →Can I Seek Reimbursement from an Estate for Paying the Funeral Bill in Texas?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Texas law, anyone who pays a decedent’s reasonable funeral expenses may present a claim against the estate. Texas Estates Code Chapter 355 sets out how to handle funeral bills and other creditor claims. In an independent administration, the […]
Read article →How Can an Administrator in Texas Verify Full Satisfaction of an Outstanding Vehicle Loan?
Disclaimer: This is not legal advice. For personalized guidance, consult a qualified Texas attorney. Detailed Answer When an estate administrator settles a decedent’s debts, confirming that a vehicle loan is fully paid is vital. In Texas, lenders must release vehicle liens within 30 days after payoff (Texas Transportation Code Section 501.151). Likewise, under the Texas […]
Read article →How Does an Incomplete or Missing Marriage Certificate Affect a Surviving Spouse’s Allowance Claim in Texas?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Texas law, a surviving spouse may claim a one-year allowance from the decedent’s estate to maintain a household after death. The claim stems from Texas Estates Code §353.051, which requires proof of a valid marriage at the decedent’s […]
Read article →How Can a Client Obtain Appointment as Administrator When a Higher-Priority Heir Exists in Texas?
Understanding Administrator Appointment and Heir Priority in Texas Probate Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer Under Texas law, the court appoints an administrator for an estate based on a statutory order of priority. See Texas […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in Texas?
Disclaimer: This article is for general informational purposes and is not legal advice. Consult an attorney for advice specific to your situation. Detailed Answer In Texas, the person who manages a deceased person’s estate is called the personal representative. If the decedent left a valid will, the representative is called a "executor" or "independent executor." […]
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