Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was named executor of my mother's estate. She had an

Customer Question
I was named executor...

I was named executor of my mother's estate. She had an irrevocable trust, however, there is property in heirship since my father passed in 2009 that was not completed before her death in June of this year. I am filing heirship paperwork for her part but she left a stipulation signed and notorized that her part of this property be left to her daughter and 2 grandchildren since my brother inherited the house. My question is how do I get the land put into their names and does it have to go through probate.

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

Texas

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

Death certificates, notorized copy of her last wishes in writing concerning the land, and a notorized copy of the irrevocable trust naming me as executor with durable power of attorney.

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

Not at this time

Submitted: 10 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 2 minutes by:
9/27/2017
Estate Lawyer: Gerald, Esq, Lawyer replied 10 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,453
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Estate Law Question
Estate Lawyer: Gerald, Esq, Lawyer replied 10 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Properties that are held in the Trust need not be probated because the Trust directs the disposition of the property.

The property that is not in the Trust must go through Probate. You need to go to the County Probate Court where your mother passed away and obtain "Letters of Testamentary." This is a document issued by the Court that authorizes you to act on behalf of the Estate. It may be that you already have these because you state that you are the Executor of the Estate.

It is unclear from your post whether the directions left by your mother constitutes a Will or not. If it was handwritten then it can be considered a valid Holographic Will even without witnesses. BUT If it was not handwritten it must meet the criteria of a Will.

If there is no Will then the property passes through Intestacy, if the writing is a Will then you can transfer the property to the daughter and grand children.

It would be easier to employ local counsel just for the transfer work. You will need to have a deed prepared that transfers the property. A probate attorney or a real estate attorney can help you do that for a relatively small fee.

You can also find the forms that you need to transfer the Deed to the heirs here:

https://www.deeds.com/forms/texas/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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 Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,453
5,453 Satisfied Customers
Experience: Over 30 years of experience

Gerald, Esq 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

5,908 satisfied customers

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

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 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

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My mother who died earlier this year was a resident of New
My mother who died earlier this year was a resident of New Mexico (she lived with me in New Mexico). She has a tiny account in San Antonio Texas. Since Mom falls under small estate rules and I underst… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My mother died in feb 2008 in texas intestate She owned all
my mother died in feb 2008 in texas intestate She owned all the shares of a texas c corp real estate holding company I have managed that company for the last 30years My brother and sister now claim th… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
Himy name is Christine I have question about how write a
Himy name is***** have question about how write a perfect plan for a meeting that will be about inheritance of oil and land and be able to put in formatt that it would be explain to a group of 400 or … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My brother died 25 years ago and has 2 adopted children. 8
My brother died 25 years ago and has 2 adopted children. 8 years after his death my mother and father created a new will and new trust, with a combo,eye restatement of the trust in 2014. In one sectio… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
What is an affidavit of Heirship and what exactly does it do?
What is an affidavit of Heirship and what exactly does it do? What if someone sells real property listed on affidavit who is NOT on the affidavit?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My son passed away recently. He & his wife had a will, but
My son passed away recently. He & his wife had a will, but were divorced & had not updated the will since the divorce. In order to gain access to his 401K, an IRA, & social security benefits for his m… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
Robert Marcus-San Francisco-deceased-May 2014Emily Ulrich-Marcus..Wido
Robertxxx-deceased-May 2014 Emilyxxxxs..Widow to Robert Marcus Ronaldxxx..Brother [only sibling] to Emily. He died- March 2014 Melissaxx wife for 28 years to Ronaldxxx...Look up the funeral notice for… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My biological father recently passed away this month. I have
My biological father recently passed away this month. I have been within his life for the last forty years. We were very close one of my half brothers want let me see his living trust my father was ne… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
my Grand parents are both deceased, and owned a house, My grandmother
my Grand parents are both deceased, and owned a house, My grandmother had 3 children, my mother is the only one who is still living. My Grandmother left a document stating that she should take over th… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Is there a standard distribution deed in Texas to use to change
Is there a standard distribution deed in Texas to use to change ownership of real estate following the filing of affidavit of heirship after death of husband?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
my dads last wife passed away in 2009 and my father passed
my dads last wife passed away in 2009 and my father passed away 10/2011. We wanted to sell his property that was paid for in 1984 with a prior wife who died in 1995 and an affidavit of hearship was do… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
I need an answer specific to Texas Probate and Estate Law. As
I need an answer specific to Texas Probate and Estate Law. As a beneficiary (with my brother) of my grandfather's will - my aunt (my mother's sister) is the other half beneficiary of the estate. This … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Dear Sir, My mom just passed away....She has $119,000 in
Dear Sir, My mom just passed away....She has $119,000 in pod bank accounts and a house worth about $180,000.....The house is listed in a trust and me and my 2 brothers are listed as beneficiaries....T… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My grandfather left a will that was probated in 1986. The
My grandfather left a will that was probated in 1986. The will left a life estate to my father & aunt for an undivided interest in 296 acres of land. On my father's side his will was written as follow… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My brother died recently. He stipulated all 4 children were
My brother died recently. He stipulated all 4 children were to inherit equally. My niece was named Executor in her dad's Will. Will her attorney represent HER or the ESTATE? In other words, can her si… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My mon passed away last week without a will. My father passed
My mon passed away last week without a will. My father passed away November 2009 also. There are 3 siblings and we all get along well. Mom;s request was that we split everything into thirds. We are se… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Hey, My name is Jason Gatewood, My grandmother passed away
Hey, My name isXXXXX grandmother passed away back in june of 2010. and since then my oldest aunts have been coming over to her house and taking this out of her room. I felt in my heart that my grandmo… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
In 2008 a widow established a trust naming her daughter as
In 2008 a widow established a trust naming her daughter as executor of the trust. In October of 2009 the widow executed a “Durable Power of Attorney” naming her son as executor. Who has control of the… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 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