Legal Question in Wills and Trusts in Texas

Administrator Contest

Spose died 2005. No will. Filed for administrator, children contested. Paid atty. app. $4K have gotten nowhere. Estate about $60K but owes about $45K (mortgage/vehicle).

Atty. will now charge hr. rate to continue to probate estate.

I have moved from home, as I will not pay for a home that is not mine. Owes about $2K in medical and credit cards.

Questions: What happens if the estate is not probated.

2) Can I legally place the vehicles in my name only. (purchased during marriage)

3)I am not on the mortgate note, does this mean I am not responsible for note, as I have moved from home.


Asked on 10/14/06, 2:19 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Administrator Contest

The vehicle is now jointly owned by you and her children. You can't put in your name alone.

If you bought the house during marriage it would be community property and owned by both you and her children. If she owned the home before your marriage, you have a life estate in the property with her children owning part and will get the remainder when you die.

Her estate is already in probate. It's worth about $15,000. Do you want your attorney to fight for your portion or not? If you do, it will cost you more money.

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Answered on 10/15/06, 3:44 pm


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