Probate and Estate Administration

Settling a loved one’s estate involves legal steps, paperwork, and deadlines. Probate provides structure for that process. Understanding your role and responsibilities helps things move forward smoothly.

What Happens if I Inherit a House with a Mortgage?

If you have inherited a house with a mortgage, you may be wondering what your options are. This is especially the case in light of today’s high interest rates. Will it be necessary to refinance

Is It Always Necessary to Probate a Will in North Carolina

When a person passes away, they usually leave behind two types of assets: probate assets and non-probate assets. Probate assets are property held under the deceased person’s name. For example, if the decedent had an

Can I Disinherit my Spouse in North Carolina?

North Carolina’s laws provide a safeguard for surviving spouses. Under North Carolina law, a spouse can claim a certain share of your estate when you die, regardless of what your will says. This share is

Do I Need a Lawyer to Probate a Will in Texas?

“Will it be necessary to hire a lawyer to go through probate?” That’s a question I get each week from Texans who have lost friends and family members. Often, the decedent’s Will appoints them as

What is an Affidavit of Heirship?

An Affidavit of Heirship is a legal document that summarizes the deceased person’s family history and the identity of their heirs. Although it is not a formal adjudication like probate is, an affidavit that is

Is There a Difference Between an Executor and an Administrator of an Estate?

When a person dies and probate is necessary, a court will appoint a personal representative to oversee the winding up of the decedent’s affairs. Executors and administrators are both classified as “personal representatives” of the

What are Valid Reasons to Contest Will in Texas?

His dad had been sick and weak. He didn’t even have the strength to write his own name. Nevertheless, after his father died, his stepmother produced a deathbed Will for probate that left all her

Is Property My Spouse and I Owned in Another State Community Property or Separate Property?

John and Jane Doe didn’t always live in Texas. Earlier in their marriage, they lived in another state, where John purchased a house the couple lived in and raised their children. Although they have since

Can an Independent Executor Alter How my Property is Distributed?

A man who was named independent executor in a Will called me. Someone told him that as the independent executor, he had the right to distribute Testator estate any way he wished. He was calling

Who Can File An Application for Probate?

If an executor is named in a Will, then that person is generally the most logical person to file an application to probate the Will. The Texas Estates Code also provides that the applicant may be

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