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My husband leaved Will and TOD ( Death to Deed). the Will…

My husband leaved Will...

My husband leaved Will and TOD ( Death to Deed). the Will said the wife has right to live in the house, cannot own it. Before he passed away he had TOD and appointed I am the beneficiary of the house. Therefore there is a conflict about the real estate between the two document. Additional, he had the mortgage for this house started 25 years ago, his name and his ex. name on the title of the mortgage. The title of the house was under his name and my name. He also has his banking account left money to be estate account. In his Will he appointed me to be his executor. I have two question here: 1. Does the real estate ( the house ) needs to be probate? 2. as a survivor if I paid off his mortgage( since my name was not on his banking account, after he passed away, his banking account was frozen, the interest become to 9.5% per day ). Can I get the money which is paid off his loan reimbursed back from his estate account?

Lawyer's Assistant: Because real 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?

Will and TOD

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

Another question if I need a probate attorney, is the attorney who wrote the WIll for my husband and his family many years a good way to go?

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Answered in 1 hour by:
3/26/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,083
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 type out an answer or reply.

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1. Does the real estate ( the house ) needs to be probate?

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Not if it was left to you with a transfer on death deed naming you as the beneficiary.

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2. as a survivor if I paid off his mortgage( since my name was not on his banking account, after he passed away, his banking account was frozen, the interest become to 9.5% per day ). Can I get the money which is paid off his loan reimbursed back from his estate account?

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No, the property comes with the mortgage when someone inherits it. Unless the will says otherwise, if the beneficiary wants to keep the land, they will have to pay off any debts that are on it.

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Another question if I need a probate attorney, is the attorney who wrote the WIll for my husband and his family many years a good way to go?

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They might be willing to charge a cheaper price since they prepared the will in the first place. But all probate attorneys will follow the same process to settle the estate, so you can shop around based on price..

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thanks

Barrister

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Customer reply replied 4 months ago
Thank Barrister.For the first question: His will said " personal debts will be paid by my independent executor out of the residue of my estate as soon as conveniently may be done."
I have another question: I am the independent executor, I am the person should work on inventory list or it is responsibility of the attorney to complete a invebntory of estate account without disscusion with me? What ever he listed I have to accept it?

I am the independent executor, I am the person should work on inventory list or it is responsibility of the attorney to complete a invebntory of estate account without disscusion with me? What ever he listed I have to accept it?

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That would be your job to complete the inventory.. As executor, you have the job of settling the estate, paying any debts and bills and then transferring any estate assets to the heirs of the will. But the inventory is what it is.. either the estate owns something or it doesn't.. So regardless of whoever does the inventory, it should always be the same..

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And if the will said that, then you can use the remainder of the estate not given to someone to pay off the mortgage if there is money left over after all debts are paid and specific gifts made.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Customer reply replied 4 months ago
When I work on inventory list, the car ( have both name on title ) on the Will all is specified as gift to the wife by my husband, do you think I should put " less surviving spouse share $20,000 if the car worth $4,0000? I live in Texas.
If the attorney intended to do a inventory instead me and after he done, he did not discuss with me then asked me to sign on it, he is an attorney who wrote will for my husband and his ex-wife, and he knew his children for many years as well. Do you think I should use him to do probate?

You just list the amount of equity that is in the estate... so you just list half the value of he car..

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If you are comfortable with him representing you and the estate, then no reason not to use him unless he is really expensive..

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Please take a moment to rate my service as that is the only way I am compensated for my work.

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thanks

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,083
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you! Another question, please help. Please tell me is this the way define the estate ?As an inventory list for married couple if husband died he had Will left, his estate 50% go to wife another 50% go to his two children; He had single account $50,000 with his name on the account, his Will mentioned the furniture will go to his wife. Also he had a car with his name on the title. He appointed wife to be his executor. He has a house, titled both names on it, and he signed a death dead to appointed his wife is beneficiary of the house, however he has a mortgage $20,000 with his own name on loan title. Surviving spouse has $30,000 in her own banking account.All community properties are listed in an inventory like this : his banking accounts ( only his name on it ) $50,000, less spouse surviving share is $25,000, Furniture appraisal is $5,000, less souse surviving share will be $2500 and his car appraised $13,000, less spouse surviving share will be $6500; His estate account will be 25,000+2500+ 6500= 34,000. The estate will be valued $34,000 without any claims. When distribute the estate to heirs: the wife get a half of $17,000; other two children get another half $17,000. Is this correct way to do when I lived in TEXAS? Do you think the spouse's banking account should be listed in the inventory as well? and the mortgage should be paid by her own banking account?The wife and husband lived together 5 years, They married more than three years after they make sure they matched each other's personality by living together two year. Also the husband had " Gift Agreement " said all interests on his wife's banking account will be a gift to his wife.The wife had lost job for two years since her age is 61. The husband passed away this year.Thank you!
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