Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My mom passed away and we needed to probate her will. we…

My mom passed away...

My mom passed away and we needed to probate her will. we have been told they cannot locate the will at the courthouse. what do we do?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Texas. we have copies of her will but there are no signatures on it.

Lawyer's Assistant: Has anything been filed or reported?

The wills were done back in 1981

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My father had a stroke and cannot communicate well. my mom's will left him the house. my sister is POA and we are need of selling the house

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 2 minutes by:
3/13/2017
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,577
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. 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.

.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
thank you

A will is not filed in the courthouse until a formal probate case is opened to settle someone's estate. So if there is no original signed copy of the will that can be found, then legally she didn't have a will. Default state law would then control who inherits what and someone would have to file a petition to be appointed as Administrator of her estate.

.

That person would then settle mother's estate and mother's half of the property would go to father if they bought the property while they were together. Then sister could sell the property if she has a POA for father..

.

That is unless they held title on the deed as "joint tenants with right of survivorship" or as "tenants by the entirety" in which case father would have automatically become the sole owner when mother passed.

.

So the first step is to get a copy of the current deed and see how they took title. If it was as joint tenants or tenants by the entirety, you can just file a copy of mother's death certificate in the property records office and an affidavit of death of joint tenant and then the POA holder can sell the property.

.

Otherwise someone will have to file a probate case to settle mother's estate before the property can be sold.

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,577
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,577
42,577 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

42,577 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,579 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,514 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My sister and I have both financial and medical power of
My sister and I have both financial and medical power of attorney for my mom. When my dad passed away in 2007, in his will, he left all property and possessions to my Mom, and if she passed, it would … read more
Barrister
Barrister
Attorney
Doctoral Degree
42,577 satisfied customers
My mother passed away in April, 2014. In her will,
My mother passed away in April, 2014. In her will, everything is left equally to her three daughters. We are trying to get the house ready to sell. Since we were her only heirs and named as the only b… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
I am the oldest of 3 siblings, and the only son. My mom got
Hello. I am the oldest of 3 siblings, and the only son. My mom got mad that I had depression and moved away without telling me (I eventually found out.) Before she died she gave my sisters power of at… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,170 satisfied customers
My mother passed away 1 year ago in Dec. She had a will & I
My mother passed away 1 year ago in Dec. She had a will & I am her daughter w/executor of her estate. The only property she has is her home. In which I paid off in 1988. In her will she left the house… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I and my recently deceased mother are on a deed to a house.
I and my recently deceased mother are on a deed to a house. The deed is a general deed in NC. In order to keep the house and not go in to foreclosure I need to refinance to bring the current payment d… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,170 satisfied customers
I and my recently deceased mother (she died in GA) are on a
I and my recently deceased mother (she died in GA) are on a deed to a house. The deed is a general deed in NC. In order to keep the house and not go in to foreclosure I need to refinance to bring the … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
my dad passed away in december from cancer. it all happened
my dad passed away in december from cancer. it all happened so fast that we did not have time to do a power of attorney. he is now left with over 350K in medical bills. I need to know if these bills a… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Our mom recently passed away and left a will that she had done
Our mom recently passed away and left a will that she had done approximately 8-12 months prior to her passing. She left my sister - the eldest of 3 siblings - as the Trustee. My mom & 2 sisters - incl… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
I live in Texas...my mother passed away recently and my father
I live in Texas...my mother passed away recently and my father passed away years ago. 1) I have a younger sister that is mentally retarded (Down syndrome)....do I have to have a custodial decree such … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,170 satisfied customers
my brother and I were on my moms will to heraite her home while
my brother and I were on my moms will to heraite her home while in probate my brother passed away and he had deeded his half to his wife my lawyer is now doing a copy of notice of informal probate a w… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,170 satisfied customers
A My mom died in 1981 ,she was a NC resident . She owned 10
A My mom died in 1981 ,she was a NC resident . She owned 10 acres in Chesterfield SC. We now have someone that has landlock land boarderd by our lan on one side. He is try to settle through an atty bu… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,176 satisfied customers
My half sister passed away in oct,1998, leaving no will and
My half sister passed away in oct,1998, leaving no will and no other living relative other than me. There was a mortgage on the home which my husband and I paid and some tax liens which were taken car… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My father (86) has been married for 34 yrs. to my stepmother,
My father (86) has been married for 34 yrs. to my stepmother, she is now in the hospital after 2 strokes. Prognosis not good, her daughter(we are same age, 60) lives 2 doors away from them and has hel… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My older sister has POA over my mother after my father passed.
My older sister has POA over my mother after my father passed. My mother has Alzheimers. I live closer to my mother, and took care of her for the last year. She is now in a facility. When my sister co… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My father passed away last month (Tarrant County, Texas) and
My father passed away last month (Tarrant County, Texas) and left valid will - all to my mother. Just a home title, car, & two bank accounts, all joint (w/o right of survivorship notations) accounts, … read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My father passed away in Jan. 2007 and my mother just passed
My father passed away in Jan. 2007 and my mother just passed away on Dec. 27, 2009. I just found out my mother's will left everything to my sister (who is executor) and my three children. My sister is… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
lIVE IN ILLINOIS. My Mothers will named me as executor. I did
lIVE IN ILLINOIS. My Mothers will named me as executor. I did file the will. was trying to decide whether to do probate. I was also my Mothers and fathers Poa and put the house (in my fathers NAME) in… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My mom passed away in August. She had one bank account with
My mom passed away in August. She had one bank account with $1400 in it. A week ago, my sister went to close it out (she is POA on the account), and they told her the $ was frozen. My mom left a handw… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,133 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x