A reader asks, 'Any update on when the new Texas 'fill-in-the-blank' will forms will be...
It's probably too soon to use the new forms. Although you could use them, you run the risk that the form won't be valid. I suspect there will be many changes once all of the comments have been received.Last year, I served as executor of my deceased sister’s estate. The only asset that passed under her will was the community property half of her residence. All of her accounts passed by rights of survivorship to her husband. He still occupies the residence. I paid the attorney $4,245.
But if you can convince the husband that he is liable – which should not be difficult at all -- and if you can get him to make the check payable to you rather than to your sister's estate, then there will be no need to go back to court to do a different type of probate. Most courts will allow you to convert the muniment of title probate to a regular probate, but it will be expensive to do so .
The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to [email protected]
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