Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My father in law passed away recently. They moved in with us…

My father in law...

My father in law passed away recently. They moved in with us about a year ago and had sold their property. They have joint accounts on all their banking. They have one "Owner Finance loan they receive money from currently". They have a will leaving the survivor all properties etc. Will my mother in law be required to probate the will if there is no estate except the joint bank accounts including the one the payment is received for the monthly payment on the Owner financed loan they receive.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Texas

Lawyer's Assistant: What documents or supporting evidence do you have?

A will, sale of property documents,, bank accounts

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

Just need to know if we are required to probate the will. The will was signed by witnesses but never filed in the county office.

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
9/22/2017
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,890
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Ask Your Own Estate Law Question

Good afternoon. Can you provide me a bit more information? Is the owner-financed loan recorded in the real property records? And, what is the amount owed on this loan? Thanks.

Ask Your Own Estate Law Question
Customer reply replied 9 months ago
It is filed in Harris county,They are the Grantees of the loan and the Grantor pays monthly into an account set up. It is a principal amount of $150,000.00 that was in a Deed of Trust.
Customer reply replied 9 months ago
I have a lawyer here I can call, just wanted a simple fix i guess. Thanks for your time. Please let me know how much I owe you now so I can watch for the charge.

Thanks for following up. Certain assets pass outside probate and thus are not governed by the will and thus do not require probate. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. Everything you reference (other than the owner-financed loan) would fall within the foregoing and would not necessitate probate. If the borrower will agree to make the payments to your mother in law, then you can avoid probate altogether.

Ask Your Own Estate Law Question
Customer reply replied 9 months ago
Thank you so much. He already pays into their joint account, so technically he is paying her already.

I apologize for the phone call request. JustAnswer sends those out without the input of the experts and we, as experts, have no control. There's no need for a call.

You're very welcome. Then, you can avoid probate altogether. :)

It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,890
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified
Richard and 87 other Estate Law Specialists are ready to help you
Ask your own question now

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time!

Ask Your Own Estate Law Question
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 Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,890
56,890 Satisfied Customers
Experience: 29 years of experience practicing law, including tax and estate planning.

Richard 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

5,841 satisfied customers

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

RayAnswers

RayAnswers

Attorney

5,578 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

1,512 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
I am the executor of my husband's estate & need to probate
I am the executor of my husband's estate & need to probate his will to avoid foreclosure on my home. The house & property are in my name - the mortgage is in his name. His will & death certificate are… read more
Jessica B
Jessica B
Juris Doctor
1,291 satisfied customers
Estate (probate) - I am the administer of my mother's
Estate (probate) - I am the administer of my mother's estate, no will, 2 children (adults). 2 houses. son (he has no children) owes irs > 200k in back taxes and has disclaimed both properties. Ques… read more
Lane
Lane
JD, MBA, CFP, CRPS
Doctoral Degree
47 satisfied customers
What are duties of probate adm, during probate? To notify
What are duties of probate adm, during probate? To notify all heirs of actions? I wish to know how actions are being handled., included.… read more
Jessica B
Jessica B
Juris Doctor
1,291 satisfied customers
I need help with estate funds and wills/probates. This is in
Little to none, but I do have his personal information, his location, and I am the only living child of his. I have some of his retirement info as well as his death date, city, and social security number. … read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
I am trying to handle the probate of my mother's estate
I am trying to handle the probate of my mother's estate myself. She died on January 27, 2018. This case is filed in the Superior Court of California, San Francisco, Ca, Case #: PES-18-301675. When I f… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,578 satisfied customers
Under California Estate law, are statutory probate fees
Under California Estate law, are statutory probate fees calculated from the estimated property tax value? Do they include debt? For example, a home valued for property taxes at 310K, appraised by a ce… read more
Jessica B
Jessica B
Juris Doctor
1,291 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,578 satisfied customers
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE WAS NOT ANSWERING MY QUESTIONS. I SOUGHT ADVICE FROM ANOTHER ATTORNEY WHICH I HAVE DISENGAGED FROM AND NOW THE ESTATE CLAIMS HE NO LONGER REPR… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,578 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,512 satisfied customers
I am attempting to handle the probate of my mother's estate
I am attempting to handle the probate of my mother's estate myself in San Francisco, California. Please answer the following: Whenever I file a document with the court, is it proper protocol to always… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,578 satisfied customers
I have a question about an estate in probate. I don't think
I have a question about an estate in probate. I don't think the executator is being fair and would like to request a hearing with the probate judge. … read more
Jessica B
Jessica B
Juris Doctor
1,291 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,578 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,170 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
Juris Doctor
1,291 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,451 satisfied customers
I am the executor of an estate. The house is in probate
Hello. I am the executor of an estate. The house is in probate court. The child of the decedent now want to sell the house. What rights does he have and what should I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
4 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 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