Texas Probate Q&A
from Paul Premack, Probate and Estate Planning

Is a Living Trust right for me?

When you own land in multiple states, your estate may have to go to probate in all of those states. A Living Trust can be the solution...

New 2023 Texas Law: Can Felon be Executor?

If a person has been convicted of a felony, either in state court or federal court, that person is not qualified to serve as an Executor...

Which wins: Court Order or Affidavit of Facts?

After the Will is admitted to probate as Muniment of Title, a certified copy of the Court Order and Will should be obtained and filed.

How do kids get house when parents die?

The time frame of a person's death determines what law we need to apply. Your father died in the 1970's either without a Will or no action w

How does Divorce effect Estate Planning and Inheritance?

Texas Estates Code: any pay on death arrangement ends upon divorce, annulment, or voiding of the marriage.

Why is the bank telling me to get Letters Testamentary?

Dear Mr. Premack: My sister and I have a question about a bank account that belonged to our father, who died about two months ago. All of...

Probating Will Proves Property Ownership

One part of Probate is the process of "proving" that a Will is valid. Another part is distributing the assets to the intended heirs.

Q & A on Community Property Survivorship Agreements

Does having a Community Property Survivorship Agreement (CPSA) really avoid probate? Does it have to go before a Judge when one of us dies?

Handling Estate when all nominated Executors fail to qualify

The process is called “Appointment of an Administrator with the Will Annexed”. All provisions of the Will relating to distribution ...

Who gets Stock when Will was never probated?

If it is not admitted to probate by then, the law presumes that there was no Will at all which means that the resources pass by state law...

What happens when a traveler dies abroad?

The most important factor is where you lived, not the location of your death. Dying away from your home city raises practical considerations

What happens when a non-Texas resident dies with property in Texas?

Probate of a Foreign Will involves Texas probate of a Will from another nation or another US state when the decedent had property in Texas.

Can Mom’s house be transferred to her Sister?

When a person dies owning real property, several legal pre-planning documents impact establishing the identity of the new owners.

Wills are not Self-Enacting

1) Wills are not “self-enacting”, 2) there is a legal time limit during which you must take legal action

Will POD account be upheld against challenge?

Can Executor do Probate without Lawyer?

Home Equity Loan liability after Divorce and Death

Can Wife’s Inheritance pass to Husband?

Don’t Emulate Plan-less Celebrities

Aretha Franklin died in 2018 in Michigan, with an estate that Forbes reports as about $80 million. Three papers have been filed in court. Tw

Transfer of house title before or after death

Estate Planning Workaround idea needs work

Why a person should never die intestate

This column first appeared in the San Antonio Express News and other Hearst Newspapers on December 18, 2018. Dear Mr. Premack: A married...

How should Will handle House issue?

This column first appeared in the San Antonio Express News and other Hearst Newspapers on November 19, 2018. Making a Will allows you, as...

Questions about MERP claims

This column first appeared in the San Antonio Express News and other Hearst Newspapers on October 12, 2018. Dear Mr. Premack: My mother...

Both parents’ deaths leaves family with legal mess

This column first appeared in the San Antonio Express News and other Texas Hearst newspapers on August 3, 2018. Dear Mr. Premack: Our...

New way to transfer car title upon death

This column first appeared in the San Antonio Express-News on June 1, 2018. Dear Mr. Premack: I worked with our Certified Elder Law...

Tax account record is not official ownership record

This column first appeared in the San Antonio Express News on March 23, 2018. Your mother fell victim to incomplete knowledge of the law...

To Whom Do I give my Friend’s Will?

This column first appeared in the San Antonio Express News on January 19, 2018. You are right to be careful. If you gave the Will to one...

Must a Will always go to Probate?

This column first appeared in the San Antonio Express News on November 20, 2017. When a person dies, they might have a Will, might have...

Late Probate of Will Requires Personal Notice to Heirs

This column first appeared in the San Antonio Express News on September 25, 2017. There are a few things that you can say in your Will,...

Appraisal Letter should prompt Probate

This column first appeared in the San Antonio Express News on September 23, 2016. Dear Mr. Premack: This week I received a letter from...

Does a Lady Bird Deed supersede a Will and avoid Probate?

Lady Bird Deed

How executors get paid

This column first appeared in the San Antonio Express-News on April 26, 2016. Texas law has two patterns for paying Executors. First, the...

Probate, Mortgages and Foreclosure

This column first appeared in the Express-News on February 24, 2016. Dear Mr. Premack: I am an only child. My mother passed away recently...

Does a joint account grant legal rights to the money?

This column first appeared in the San Antonio Express News on February 10, 2016. Dear Mr. Premack: A couple of years ago my friend put me...

Homestead rights, heirship and things to know about how property passes upon death in Texas

This column first appeared in the San Antonio Express News on January 25, 2016. Proper planning can help preserve assets that would...

Failing to Probate a Will leads to Ownership Distress

This column first appeared in the San Antonio Express News on January 13, 2016. Dear Mr. Premack: This is a long story. I do not get...

The Intersection of Medicaid and Probate

This column first appeared in the San Antonio Express News on December 11, 2015. Dear Mr. Premack: My father and my mother separated, but...

Living (and Dying) in Two States

This column first appeared in the San Antonio Express News on November 10, 2015. Each US state has its own distinct laws relating to...

What are Executor’s main duties?

This column first appeared in the SA Express-News and its MySA.com website on April 17, 2015. Dear Mr. Premack: Many years ago I agreed...

Can One Sibling Block House Sale after Dad’s Death?

This column first appeared in the San Antonio Express News and its MySA.com website on April 7, 2015. Dear Mr. Premack: My mother died...

Naive short-cut increased conflict and expense of settling estate

Dear Mr. Premack: My mother transferred her money into an account owned by Roger, the person named as Executor in her Will. She gave him...

Can attorney be heir in a will the attorney writes?

This column first appeared on the San Antonio Express-News.com and the MYSA.com websites. Dear Mr. Premack: I was a caretaker for a lady....

Step-up in Basis on Separate versus Community Land

Dear Mr. Premack: I read with interest your column regarding a widow’s step-up in basis. My husband recently passed away leaving me as...

Digital Assets and Passwords for Agents and Executors

Dear Mr. Premack: Although I am 92, I have kept up with and use a computer regularly. My son has helped me to establish online banking...

When to Avoid using Community Property Survivorship

Original Publication: San Antonio Express-News, June 3, 2014 Dear Mr. Premack: I have read your past columns about Community Property...

Is California daughter allowed to be Executor?

Dear Mr. Premack: My parents live in Texas. I live in Texas and have a brother who lives in Texas and a sister who lives in California....

Sister lets Mom’s House Waste Away for Lack of Legal Action

Dear Mr. Premack: My mother passed away in 2006 and named my older sister Executor. Now it’s 2014 and mother’s Will has not been...

How to Name Different Beneficiaries for Your Estate

Dear Mr. Premack: I previously had a will drawn up and I gave a copy to my beneficiary. Since then, I have decided to change my will by...

Discovery of Uncle’s Will Years Late Raises Question

Dear Mr. Premack: I just discovered my uncle’s will. He died in 2006. I have been told that the probate period has passed. He willed his...

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Texas Probate Q&A from Paul Premack, Probate and Estate Planning

Texas Probate Q&A
from Paul Premack, Probate and Estate Planning