Keene, TX Estate Planning Law Firms & Lawyers

In Texas there is a simple form of probate where the will is admitted as a Muniment of Title only. If that was the form of probate, then the order proving up the will is sufficient to transfer title to the beneficiaries - there is no other document necessary. If there was an administration where an executor was appointed, it was that executor's duty to transfer the house into the beneficiaries name(s) by recording a deed of some kind. If this was not done, you may need to contact an attorney to get the court to order the administrator to do his job.

Living trusts are excellent devices for older couples that are very organized. In order to make a living trust work, you have to transfer assets regularly into the trust as opposed to personally owned. ?You have to track asset sales (if you sell a car owned by the trust, the proceeds are trust money not personal money. With younger couples, there is a tendency to ignore the technicalities of the trust and treat all assets as personal, then when there is a death the judge has no choice but to declare the trust has no assets and then you don't have a will or a trust. As an aside, there are a number of shady life insurance or investment salespeople who push living trusts very hard like they are the solution to every problem but what happens is the second they get your payment for the life insurance, they disappear and you get no help in implementing and maintaining the trust. A living trust is a way to avoid the costs of probate but the cost of a properly executed living trust - for most families is more than the cost of probate. ?Obviously, a wealthy family (assets in excess of $10 million) has entirely different considerations, particularly a family that controls a successful business. For most couples, wills and a careful review of the non-probate assets - (life insurance, IRAs, 401(k)s, annuities, inheritances, pensions and various other assets ARE NOT CONTROLLED BY THE WILL - this is a particular problem where the couple isn't married) are the best option.

I'd have to review the will and dates of death. Without knowing your entire story, my typical advice is: you should get a family settlement in place, probate the will and be done with it.