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What do i have to do if my husband passed away and did not…

What do i have...

What do i have to do if my husband passed away and did not leave a will or trust fund? Have 4 children/

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?

Just the deed to our property. Home is the only property we have plus 1 automobile, both paid off.

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

N No mam, just need to know what i need to start the process. Thank you.

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Answered in 3 minutes by:
5/29/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you. Is the deed to the real property in your Husband's name?

Can you tell me where in Texas your husband resided at the time he passed away.

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Customer reply replied 2 months ago
Both, his and mine.

Where in Texas?

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Customer reply replied 2 months ago
Resided in Brownsville, Tex.

Are the 4 children the children of you and your husband? https://www.nolo.com/legal-encyclopedia/intestate-succession-texas.html

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Customer reply replied 2 months ago
they are all our children, but they are all adults. We have no minors.

Thank you for the clarification.

First, the distribution is set by law and states that

When there is a surviving spouse the spouse "inherits all of your community property, plus 1/3 of your separate personal property and the right to use your real estate for life

children inherit everything else" https://www.nolo.com/legal-encyclopedia/intestate-succession-texas.html

It sounds as though this would all be community property that would pass to you.

The process requires you to petition the probate court in the county your husband resided in at the time of his passing to be appointed the personal representative.

Give me a few moments to provide the process for you.

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My apologies, one last question that can make the process simple, Are you both on title to the real property as "joint tenancy with survivorship"

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Customer reply replied 2 months ago
It only says both of our names. It does not say joint tenancy with survivorship. Does it matter?

UGH. It is not a big issue it iss just that there would be an easier process available if the deed had the language I stated above. The house is yours and is community property. Let me provide the process.

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Customer reply replied 2 months ago
Ok. Really appreciate it.

There are two types of administration:

"Independent Administration

Once you have a Judgment Declaring Heirship, you can open the probate proceeding. If all heirs are legal adults and they agree, they can give their written consent to an independent administration, which allows the appointment of an administrator to handle probate without court supervision... This person can then apply to the court for letters of administration, allowing her to oversee the distribution of the estate.

Dependent Administration

When heirs can’t agree, or if one or more of them are minors, a dependent administration probate proceeding is necessary. The administrator’s duties are the same, but she must ask for and receive court approval for each step she takes during the probate process. She must also secure a surety bond to protect the estate assets in the event she does anything wrong." https://legalbeagle.com/5997324-probate-estate-texas.html

Since the children are adults if they will agree you would use the Independent Administration procedure.

I am providing the court contact information and the process for you. Thank you for your continued patience. I want to be thorough for you.

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Customer reply replied 2 months ago
Thank you. Will wait for court contact info and process. God bless you.
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 2 months ago
Thanks again.

I know this is not the correct county, however, the process is the same throughout the State. https://www.tarrantcounty.com/content/dam/main/probate-courts/probate-court-1/Documents/The_Intestacy_Manual_2016.pdf

I am seeing attorneys that charge flat rate fees. Having an Attorney is ideal. Let me provide a link for FREE consultation Attorneys in Cameron County.

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