Crosbyton, TX Estate Planning Law Firms & Lawyers

Yoou could try.  Depending on the county you are in, some county courts, which exercise probate jurisdiction, sometimes allow individuals who are not lawyers to represent themselves.  Probate courts in larger counties, like Dallas or Houson will not let a non lawyer represent themselves.

If the stroke affected the mental capacity, such that she can't sign, she cannot execute a power of attorney. You'll need to file for a guardianship. If she still have full mental acuity, but cannot use her hands, you can still get a power of attorney executed.

To put it simply Someone, usually the primary heir, hires an attorney and files a probate action in the county where the deceased last resided. Then all beneficiaries are notified and the court appoints a personal representative After that all assets are gathered, debts paid and the rest distributed At times if real property is in multiple states multiple probates may be needed (one in each state where there is property) SO It does not happen automatically. Probate and attorneys can get expensive so the question is are there sufficient assets to worry about.. I advise you to gather all the information you can about your fathers assets and contact an attorney to discuss if it is worthwhile to file a probate action if your apparent step mom does not.