Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My mother died in January. Her will leaves everything to her…

My mother died in...

My mother died in January. Her will leaves everything to her surving spouse. In her will the surving spouse could name an executer and dad asked our uncle to be the executer. Now, less than one month later dad has died. Does mom's will still need to be probated? Or does just dad's will need to be probated? Dad named one of the kids to probate his will. Our uncle thinks that he no longer has any responsibility to probate mom's will, which would mean that the one kid would legally be responsible for both estates. Both wills leave the estate to the surviving spouse and if both parents are deceased then the estate is to be equally divided among all children. This is in the Great State of Texas.

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

Great State of Texas

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

I don't know.

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
2/21/2018
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,132
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Estate Law Question

Here there is going to be two probates.You can have the same executor if you choose.You will need a lawyer, Texas case law does not allow you to self represent.The executor is called a personal representative.

Reference

https://www.traviscountytx.gov/images/probate/Docs/pro_se.pdf

State Bar can find you local probate lawyer here

Contact us by phone:(###) ###-####(Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m. The call-in service is closed on legal holidays.

I am so sorry for your loss of parents.Expect this to take about 6 months start to finish for both.

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is so much appreciated,

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
Thank you for your prompt answer. We will have both estates probated and prefer to keep two personal representatives.

That will work fine.Good luck and prayers to you here.Thanks for rating 5 stars.

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,132
Experience: Texas lawyer for 30 years in Estate law
Verified
RayAnswers 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 RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,132
48,132 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers 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

48,132 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 younger brother has taken my inheritance from my recently
My younger brother has taken my inheritance from my recently deceased mother. There is no will. Do I have a claim? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Father passed in December 2014 without a will. He owned a
Father passed in December 2014 without a will. He owned a home with my stepmother and he had a bank account that his social security was being deposited in monthly. Just curious if we need to close hi… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Texas Wills My Mother's will states that upon her death her house is to be sold and
Texas Wills My Mother's will states that upon her death her house is to be sold and the proceeds go to my sister and myself, share and share alike. If myself or my sister precedes my mother in death( … read more
RayAnswers
RayAnswers
Attorney
48,132 satisfied customers
My father claims that my late mother left money in the
My father claims that my late mother left money for me in the form of stock however he will not turn it over to me because he claims he needs it. He lives in a assisted living facility in NC along wit… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My Mother and Step father purchased a home with my Mothers
My Mother and Step father purchased a home with my Mother's inheritance. My mother passed away first and my step father recently passed away. Both names were still on the Deed. Do I have any rights to… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My wife & I own our home in Missouri. We owe a mortgage. We
My wife & I own our home in Missouri. We owe a mortgage. We have no will or trust. If something should happen to us, how would our grown children be able to sell the house & pay off the mortgage, or g… read more
RayAnswers
RayAnswers
Attorney
48,132 satisfied customers
my mother passed away on 11 13 2005 my step father did not
my mother passed away on 11 13 2005 my step father did not do probate he ageed verably in an attorneys off to add my brother the the house deed. said house was in my mom and dads name from when they w… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
what is my inheritance share. My uncle was my dads brother
what is my inheritance share. My uncle was my dad's brother (he is alive with another living sister) my uncle died 12 years ago and my aunt 2 months ago. they had no children and neither had made will… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,438 satisfied customers
When any person shall die seized of any estate of inheritance
When any person shall die seized of any estate of inheritance in lands, tenements, and hereditaments not devised, the same shall descend to his or her children, and their descendants, in equal parts, … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
my stepmother died nine years ago left no will has eight kids
my stepmother died nine years ago left no will has eight kids by first husband my dad died two weeks ago he had a will left his half of his estate to his children we are five and he and my stepmother … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,126 satisfied customers
Im contacting you in regards XXXXX XXXXX potential case of Family
I'm contacting you in regards XXXXX XXXXX potential case of Family Oil Interest/Inheritance and would like to seek your evaluation. High Level: I have two uncles in the Wood County TX area that have o… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My parents had property in Mississippi. There were four children.
My parents had property in Mississippi. There were four children. My eldest brothers died before my parents. My parents lived to be 97 and 100. There was only my brother and I left when my parents die… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My Aunt on my fathers side died in January, 2010 in Glendale,
My Aunt on my father's side died in January, 2010 in Glendale, Arizona. Her husband predeceased her. He had children - she did not. She had no will or trust. Her next of kin would be my uncle - her br… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
my father died without a will...my mom says there will be no
my father died without a will...my mom says there will be no probate and there are items that are from his father that is to be my sons but my mom is saying it is in her name when it never was...do i … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
mom and dad have a house and and acre of land purchased jointly
mom and dad have a house and and acre of land purchased jointly while married. House and land maybe total together worth 90K and paid off. mom and dad married 32 years. mom did not have a will, dad re… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
when all property was in deceased mothers name after her surviving
when all property was in deceased mothers name after her surviving spose dies does it become equally divided by 3 childer of mothers in tennessee… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
TEXAS RESIDENTS MY BROTHER AND I. RECENTLY MY BROTHER DIED
TEXAS RESIDENTS MY BROTHER AND I. RECENTLY MY BROTHER DIED WITHOUT A WILL. WE HAD ANOTHER BROTHER THAT DIED 6 YEARS AGO. I AM THE ONLY SURVIVING SIBLING. HOW WILL MY RECENTLY PASSED BROTHERS ESTATE BE… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
My great uncle died intestate. My uncle says all property
My great uncle died intestate. My uncle says all property transfered to him (according to my great uncle's wishes). There is no written instrument to this affect. My father did not inhereit a portion … read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 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