Legal Question in Wills and Trusts in Texas
Probate necessary
My husband just died 2 months ago. He has a will which basically just leaves everything to me. We had no savings and just lived off of our social security. The only thing we have is our home which is not paid for. We have two grown children which know we had no savings. So my question is do I have to probate his will? This just seems like an expense that will not help me in any way.
2 Answers from Attorneys
Re: Probate necessary
First, I'msorry to hear about your husband. You have a few options, luckily they are not too expensive. Option 1: probate the will as a muniment of title (this is a court procedure in which you tell a judge that there are no estate debts, just a house, and a will, and it's over) The second option is a family settlement agreement and deed in which you and the children agree not to probate the will and you file affidavits and deeds in the county records office. Either option should get the job done. You can call me if you want to discuss this further, at no charge.
Re: Probate necessary
You do not have to go through the expense of probating the will. However, you will have to something about his share of the house. I suggest you probate the will as a muniment of title only. Talk to any halfway decent lawyer and shop around. This shouldn't cost an arm and a leg.
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