Terry Layne Peterson's Answers

After a will is filed after death.

I agree with the "yes" and "yes" answer. Texas law requires a person in custody of a decedent's original, last will to file it with the clerk of the appropriate court. In the larger Texas metro areas, there are statutory probate courts which handle all probate matters after a will is filed. In many cases, the will should be filed with the county clerk of the county in which the decedent died or was domiciled or owned property, depending on the circumstances. So you should be able to see...

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Question does the proceeds of trust account of the decease have to be held in a separate trust account by attorney?

The proceeds should held in an account owned by the trust under the trust's EIN, rather than an attorney's client trust account or an account owned by the trustee individually. Unless and until the unhappy person gets a court order to stop the process, the expenses listed in your question should be paid in accordance with the provisions of the trust and the decedent's will, which usually allow the trustee and executor (often the same) to coordinate such payments.

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If theres no will and he was still married to his 2nd wi,but separated & has 3 kids by hi 1st wife 1 a minor, wh gets his estate

Assuming "he" died in Texas, there is indeed an intestacy statute. Because Texas is a community property state and because there are children from two marriages, the answer isn't a one-liner. Most of one's property is typically community property, which is inherited as follows: 1/2 to the surviving spouse (separation isn't enough to terminate her rights) and 1/2 split among the children. If the property is separate property (owned prior to marriage or received as a gift or inheritance), it then...

Should a hand written notorized last will and testament have to be probated

The Texas Probate Code does require that a will be filed with the court clerk of the county in which your husband died. That doesn't mean the will has to be probated (court hearings, etc). What you do in addition to handing over the original will to the clerk depends on many things: 1. Whether a probate proceeding or other action is needed to transfer the title of any property to the beneficiary or beneficiaries; 2. Whether the will is legally sufficient. A handwritten will is...

Is a will in Texas still legal in Flordia.

The Texas wills may be valid if your parents remain in Florida until death, but they should definitely have a Florida estate planning and probate attorney at least review them. Florida probate law will apply and may have different requirements for what constitutes a valid will. Most likely the wills will still be effective, but as we see in probating many non-Texas wills for those dying in Texas, state laws vary regarding such things as whether witnesses are needed in court or whether...

Do It Yourself Will in Texas

Legal, maybe. Effective? That's another question... Most do-it-yourself ("DIY") wills I've reviewed suffer from several inadequacies. First, most are not properly "self-proved" under Texas law. That requires an additional page that has specific "magic words" that must be acknowledged by the testator (person making the will) and the witnesses in the presence of a notary public. Fortunately, the omission isn't fatal, but will typically increase the costs and difficulties of probate, since...