Legal Question in Wills and Trusts in Texas

My dad. Passed and his will named that my mom gets the house. In the state of texas what does she have to do to get the house in her name to sell it and other properties?

Can she do this her self or does she have to get a lawyer. Thank you for any direction.

Jackie


Asked on 11/02/12, 10:53 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

I'm sorry to hear about your father. To answer your question, the will should be probated. This typically involves going to probate court and informing a judge of the death and of the will. The judge will then issue an order finding that the person is deceased, and that the will is valid (assuming it's a valid will.)

There are different kinds of probate procedures. The appropriate procedure is fact specific. I need to know if there is other property (bank accounts, cars, etc.) and debts. I don't know which procedure (and the associated costs) until I have more facts.

Although she may be able to do this herself, it's not recommended. I suggest your mother interview two or three attorneys, and go with the one with which she feels most comfortable. (Most lawyers, myself included, will meet with her initially for free.)

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Answered on 11/03/12, 6:49 am


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