Do we need an Estate Attorney or a Probate Attorney?

Full question:

My mother passed away in October 2007. My sister wants to put the house in her name. She's living in the house and she's single. I'm married with 3 kids. My mother wanted us to split everything so I want the house in my name. Also, in case anything happens to my sister I'll be the executor. Do we need an Estate Attorney or a Probate Attorney, so we both can understand all of this. The house is paid off. I have kids and want them to be apart of the homestead also. Who do we need to talk to? We are not fussing and we do get along we just need to know what to do. My sister says if she decides to sell the house then we'll split everything down the middle, but she's not ready to sell yet.

Answer:

I'm assuming your mother resided in Texas when she died and didn't leave a will. If the value of her assets is not more than $50,000, excluding the homestead and exempt items, Texas has a summary administration procedure that doesn't require the formalities, such as appointment of an administrator, of typical probate processes. A probate attorney should be able to review the documents and facts involved in order to answer any questions you may have.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To put your deceased mother's house in your name, you will need to go through the probate process, especially if there is no will. If the estate's value is under $50,000, you may qualify for a simplified probate process in Texas. This involves filing necessary documents with the court to transfer ownership. Consulting with a probate attorney can help you understand the steps and ensure the transfer is done correctly.