Clearing Creditor Claims Before Selling a Parent’s Estate Home in Texas
Detailed answer Disclaimer: This is general information, not legal advice. Laws change and every estate is different. Consult a Texas probate attorney before taking action. When a parent dies and you plan to sell their house, you need to make sure creditor claims and liens are cleared so the buyer receives marketable title and you […]
Read article →Retitling a Parent’s Car in Texas: Steps, Forms, and What You Need
Detailed Answer This guide explains the common ways a vehicle title is retitled after a parent dies in Texas and the practical steps you will normally follow. It uses typical facts: the car was titled solely in the deceased parent’s name, there is no surviving joint owner, and there are no recorded liens. If your […]
Read article →Texas — What Happens to Sale Proceeds When Someone Dies Without a Will
What happens to leftover sale proceeds when someone dies without a will in Texas? Short answer: Money from a sale of a decedent’s property is part of the decedent’s estate. In Texas, the personal representative (administrator) uses estate funds, including sale proceeds, to pay valid debts and expenses first. Any remaining balance is distributed to […]
Read article →Texas: What to Do If a Proposed Administrator Withholds Estate Assets and Documents
What to do when a proposed administrator is withholding estate asset information and documents Quick answer: In Texas you have several options: make a written request for the records, ask the probate court to compel an inventory and accounting, object to or contest the administrator’s appointment, seek removal if there’s misconduct, and — when necessary […]
Read article →Challenging a Sibling’s Application for Letters of Administration in Texas
How to Object to a Sibling’s Application for Letters of Administration in Texas Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your situation, consult a licensed Texas attorney. Detailed answer — Overview of contesting an application for letters of administration in Texas If a sibling has filed […]
Read article →How to Compel a Spouse to Sell a House and Distribute Proceeds — Texas
Detailed Answer Short answer: In Texas you generally must open probate, determine the property’s legal classification (homestead, community, or separate), and then use the probate court’s procedures—through the personal representative or by filing a petition—to obtain authority to sell the house and distribute the proceeds consistent with the will. If the surviving spouse refuses, homestead […]
Read article →Recovering a Cash Bequest in Texas When an Executor Won't Cooperate
What to do if an executor won’t pay your cash bequest in Texas Short answer: gather proof of your entitlement and try a written demand; if the executor still refuses, use the Texas probate process—ask the probate court to order payment, compel an accounting, or remove the executor. If the estate qualifies, a small‑estate procedure […]
Read article →Filing a Notice to Creditors in Texas: Step‑by‑Step FAQ
Detailed Answer: What is the process for filing a Notice to Creditors in Texas? Short answer: In Texas, the personal representative (executor/administrator) of an estate must notify creditors so they can present claims. The process typically includes identifying known creditors, sending direct notice to them, publishing a legal notice in a local newspaper for unknown […]
Read article →Texas: Becoming Executor When a Named Sibling Refuses to Serve
Disclaimer: This is educational information only and not legal advice. Laws change and every situation is different. Consult a qualified Texas probate attorney or the local probate court for guidance specific to your case. Detailed Answer If a parent’s will names a sibling as the person to serve as executor (personal representative) but that sibling […]
Read article →Texas: Why an Inherited House May Not Be a Probate Asset and How to Handle the Mortgage
Detailed Answer Short answer: A house is not a probate asset if ownership passes automatically at the decedent’s death by operation of law or by a properly recorded non‑probate document (for example, a beneficiary deed, joint tenancy with right of survivorship, trust ownership, or an enhanced life‑estate deed often called a "Lady Bird" deed). Even […]
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