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LegalGems
LegalGems, Attorney
Category: Estate Law
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Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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my husband died without a legal will ( no witness and not notarized

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my husband died without a legal will ( no witness and not notarized ) There are 3 adult children that are his from previous marriage she also died without a will. The children feel that they want me to have the estate and want to sign it over to me. I need to sell a truck . The Texas Department of motor vehicles gave me and affidavit to have the children sign so that the truck can be sold . the daughter is a drug addict and is homeless we can't find her . How do I go about putting an add in the paper under personals . Also you have to post one in the courthouse, and how long does she have to answer?
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! Hello; I am very sorry for your loss. All probate proceedings require publication (this is when you run a notice in the newspaper) pursuant to Texas Probate Code 50 and Texas Probate Code 33. The court will prepare the "citation" and this is then brought to the local newspaper. They will provide you with an affidavit of publication. Let me check on the time limitations.

LegalGems :

Here is the section of PC 33 that deals with time limits:

LegalGems :

(2) Posting. When citation or notice is required to be posted, it shall be posted by the sheriff or constable at the courthouse door of the county in which the proceedings are pending, or at the place in or near the courthouse where public notices customarily are posted, for not less than ten (10) days before the return day thereof, exclusive of the date of posting. The clerk shall deliver the original and a copy of such citation or notice to the sheriff or any constable of the proper county, who shall post said copy as herein prescribed and return the original to the clerk, stating in a written return thereon the time when and the place where he posted such copy. The date of posting shall be the date of service. When posting of notice by a personal representative is authorized or required, the method herein prescribed shall be followed, such notices to be issued in the name of the representative, addressed and delivered to, posted and returned by, the proper officer, and filed with the clerk. (3) Publication. When a person is to be cited or notified by publication, the citation or notice shall be published once in a newspaper of general circulation in the county in which the proceedings are pending, and said publication shall be not less than ten (10) days before the return day thereof, exclusive of the date of publication. The date of publication which said newspaper bears shall be the date of service. If no newspaper is published, printed, or of general circulation, in the county where citation or notice is to be had, service of such citation or notice shall be by posting.

Customer:

Can I go to the court and do this myself or do I have to have a Lawyer ?

LegalGems :

You should be able to do it yourself. Can I ask if you are a senior? I may be able to find you some assistance.

Customer:

Yes I am a senior.

LegalGems :

Can I get your county please?

Customer:

Dallas county

LegalGems :

A few moments please.

LegalGems :

Here you go: http://www2.dallasbar.org/dvap/dvap_info.asp?InfoID=22 - please scroll down to the bottom and you will see a phone number. They will be able to advise you which of these many organizations are best suited for your needs.

Customer:

Thank you so much

LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3728
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
LegalGems and other Estate Law Specialists are ready to help you
Expert:  LegalGems replied 1 year ago.
Sarah, I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful. I wanted to be sure you were aware of these services available to seniors - please note in particular the "chore service" - they will help you with heavy lifting, which may come in handy! http://www.ccgd.org/seniors/helpforseniorsandcaregivers.html
And, as you will see, many more wonderful services that you and your husband's tax dollars have helped pay for over the years.

If you would like to request me for your future legal inquires, please put TO LEGAL GEMS in front of the question, and I will do my best!
Take care.

Please be sure and complete the customer satisfaction survey the site will be sending you so that I can continue to provide affordable information to our customers. Thank you!

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LegalGems
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Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor