Home > Legal > Questions & Answers > Probate > My father died w/o a Will 2005, Mother was insolvent couldn't file with probate court. Mom died this month with no will.
My father died w/o a Will 2005, Mother was insolvent couldn't file with probate court. Mom died this month with no will.
There is a Equity loan on the house in my father and mothers name. The car is in my mothers name. We do not want to to sell the house or car. What do we need to do?
I believe that you are going to need to file two probate actions, at this point; one to get the title in your mother's name alone, and then the other, to pass it to your mother's heirs. Your summary does not indicate the value of the assets. It is possible that, depending on the equity involved, you may qualify for small estate proceedings. That would be a simpler less expensive process.
You are not going to be able to do anything with respect to the assets, unless you go through probate. I have been led to believe that probate proceedings in Texas are relatively straightforward and inexpensive. I would contact a qualified probate attorney as soon as possible so that you can determine the best way to proceed.
