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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33394
Experience:  Estate Law Expert
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Probate in TX question. My husband passed away rwo days ago.

Customer Question

Probate in TX question. My husband passed away rwo days ago. Our homestead us clearly willed to me and it's contents. After the will we bought a piece of property and put a small cabin on it. In his will clearly specifies our primary residence and a vehicle the rest to be divided 50% to me and 25% to two sobs from a previous marriage. Since the loan and deed to the non homestead property is in both our names is it right of survivorship or am I obligated to pay off 12.5% to each of the two sons? Also is the payoff to them also reduced by medical bills, lawyer probate fees and cremation expenses?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. The only way the land and cabin is yours through right of survivorship in Texas is if it specifically states that on the deed, otherwise it is community property so you automatically own 50% of it at death and the other 50% passes by way of the will and subject to the mortgage. The medical bills, probate fees, and cremation expenses, as well as any other expenses of the estate, are paid by the estate before any estate property is distributed. The amount of these expenses will normally be apportioned among the various assets on a pro rata basis. Note, however, that this only applies to the estate property and not to your community share which automatically becomes partitioned and yours at the moment of death and not subject to the expenses of the estate although the probate court may have to enter orders confirming the division.