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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34760
Experience:  Attorney with 16 years experience
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My husband died without a will, do I need a probate lawyer.

Customer Question

my husband died without a will, do I need a probate lawyer. Can I ask the court to be appointed his executor. I am his wife of 45 yrs.
Submitted: 3 months ago.
Category: Family Law
Expert:  Barrister replied 3 months ago.

Hello again,

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Did he have any assets in his name solely, like bank accounts, investments, vehicles, etc.?

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Any real estate?

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If so, what would you estimate the value of his estate to be?

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thanks

Barrister

Customer: replied 3 months ago.
Most of his real estate is solely in his name, he has a business account also in his name only. All of the real estate was purchased while we were married, Two of the properties are in my name also
Expert:  Barrister replied 3 months ago.

Ok, then yes, you would need to file a formal probate case because the only way to transfer the deeds out of his name would be for the Administrator of his estate to do so. And you can only become Admin if a judge appoints you to that position.

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And unfortunately, TX is one of a couple states that makes it mandatory for someone to hire an attorney to represent the estate because they consider this practice of law.

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So yes, you can be the Administrator, but you will need to hire a local probate attorney to assist.

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thanks

Barrister

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