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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33723
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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How do a close my mom's will? How do I file the will with

Customer Question

How do a close my mom's will?
How do I file the will with the state of Texas?
Need Probate number for the Executors Deed.
Need Source of title for Executors Deed.
How do my brothers and I give my moms house to my sister?
Submitted: 3 months ago.
Category: Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Expert:  Barrister replied 3 months ago.

I need some more of the back story to figure out what is going on here....

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Mother passed. Then was someone appointed as executor of her estate?

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If so what state did mother live in when she passed? CO or TX?

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Does she own real estate in both TX and CO?

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Did mother leave a will giving the house to sister?

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thanks

Barrister

Expert:  Barrister replied 3 months ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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If you would prefer to continue on the website, if you can provide the requested information I asked about, we can proceed..

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thanks

Barrister

Customer: replied 3 months ago.
My mother passed away and I am the executor of her estate.
My mother lived in Texas and owned a house, I live in Colorado.
The will stated to leave the house to me my brothers and sister.
Expert:  Barrister replied 3 months ago.

Ok, then you will have to file a formal probate case in TX because that is where mother lived and where the real estate is. And TX is one of a handful of states that requires an attorney to be involved because they consider this practice of law.

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So you will have to hire an attorney in TX to assist with the estate and getting everything filed, submitted, paid and then distributed and closed.

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But as for the house, if you and brother want to give up your interest in favor of sister, you can either waive your legal claim to it in writing and submit it in the probate case to settle the estate or you can settle the estate, put the house in all 3 names and then you and brother execute a quitclaim deed from you over to sister to gift her your interest.

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The probate process starts with the executor filing a petition to open a probate case and be appointed executor by a probate judge. Then they gather all assets, file an inventory, pay all debts and expenses, file any final taxes, prepare an accounting of inflows and outflows, distribute any surplus assets to the heirs, and then close the estate.

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That is a very brief outline and a normal probate case will take close to a year to finally settle and be able to close.

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thanks

Barrister