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    LauraOlsen's Avatar
    LauraOlsen Posts: 1, Reputation: 1
    New Member

    Jul 8, 2018, 02:13 PM
    Sole beneficiary, Homestead tenants in common
    Wood County Texas. Husband died with a will. I am sole beneficiary. The only money he had left after a long illness was $ 565 dollars. The final expenses were over 5,000 which I paid with my credit card . Our homestead is titled as tenants in common 50/50 as I paid off the mortgage (33,000) with an inheritance from my mother 18 years ago. Now I am being told the will will have to be probated and an attorney will cost 2,500 dollars! And an inventory. All he had left was broken lawnmower, a very few hand tools and old clothes. What do I do?
    talaniman's Avatar
    talaniman Posts: 54,328, Reputation: 10855

    Jul 8, 2018, 03:33 PM
    Who is over the estate (Executor)? Did he have any relatives who could claim any part of his estate? You cannot benefit from anything unless you probate the will. Visit your county courthouse and they can lay out your options and guide you through the process even with such a small estate. Usually this is done by whomever the court appoints as executor if there is none named in the will. Unless you had a joint bank account you cannot even claim any monies he has unless you do.

    I'm sure the bank has already told you that unless you had a joint account they cannot release any monies to you until the will is probated and you switch his account from personal to estate.

    Talk to your County Clerk. A will is NOT binding unless it's probated. In Texas you need a lawyer.

    Helpful links;

    Pro Se Resources - Probate - Guides at Texas State Law Library

    But this may apply to YOU.
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
    Uber Member

    Jul 8, 2018, 05:45 PM
    Are you a joint tenant on bank accounts? If so, you shouldn't have to probate.

    Texas law
    When Probate Isn’t Necessary
    Assets that can be transferred to the new owner without probate include:

    • Community property with right of survivorship
    • Property held as joint tenancy with right of survivorship
    • Payable-on-death bank accounts
    • Life insurance proceeds
    • Survivor’s benefits from an annuity

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