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

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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: 7 months ago.Category: Estate Law
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Answered in 2 minutes by:
9/27/2017
Estate Lawyer: Gerald, Esq, Lawyer replied 7 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,175
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.

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Estate Lawyer: Gerald, Esq, Lawyer replied 7 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

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