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How do I get a deed transferred into my name. The house was left to me by descendant through a letter that was not notarized? : The deed has the deceased owners son also listed as an owner who had gone AWOL prior to her death. I have been living in home since 1989 and at that time paid back taxes and still paying property taxes.

Asked 10 months ago in Probate

Randall’s answer: I agree that you want to have the letter reviewed by an experienced probate lawyer.

That being said, if the letter is not a valid holographic will, you may want to visit with a lawyer about the possibility of claiming the property under the legal theory of adverse possession. In general, adverse possession allows someone who has taken possession of a property without the consent of the true owners for a statutory period of time can file suit to claim ownership of the property.

Answered 10 months ago.


Can you ask the executor for an estate accounting by text message in Texas? Or does the request have to be in writing?: Requesting estate accounting from the executor

Asked 11 months ago in Probate

Randall’s answer: To respond to your question, one would first have to understand whether the executor is serving in an independent administration or a dependent administration. Independent administrations are the most common.

Regarding the request for an accounting in an independent administration, Texas Estates Code Section 404.001 provides, in part:

Sec. 404.001. ACCOUNTING. (a) At any time after the expiration of 15 months after the date that the court clerk first issues letters testamentary or of administration to any personal representative of an estate, any person interested in the estate may demand an accounting from the independent executor.

As you can see, you must have an interest in the estate and you must wait at least 15 months from the time the executor received letters testamentary to be able to demand an accounting. If you have an interest in the estate and 15 months have passed, the statute does not seem to make clear whether the demand has to be in writing.

I would advise that you visit with a probate lawyer who could help you to understand and protect your rights.

Best of luck!

Answered 11 months ago.


Do you have a flat fee and how much is typical for a reality for a small estate and only two possible beneficiary?: My wife died last month nd I cannot find her will. We ive in Dallas. Her life ins. and IRA have me a beneficiary . ..Our house is our homestead

Asked 11 months ago in Probate

Randall’s answer: You would be well advised to visit with a probate attorney to learn what probate process will work best for your wife's estate, taking into consideration the assets and liabilities in her estate, her family tree, and whether or not you are able to find the original will (or explain to the court's satisfaction what happened to the original). Fees can vary dramatically depending on your location and the complexity of the case.

If you are unable to locate the original will, a small estate affidavit may be a probate process worth investigating with a probate attorney.

Answered 11 months ago.