In regards to a "probate" issue after my husband died unexpectedly, what is (if any) the statute of limitations?

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tmartin48 Asked September 2013

In regards to a "probate" issue after my husband died unexpectedly, what is (if any) the statute of limitations?

My late husband and I did not have a will. We both have children from previous marriages. After his death, I found out it is Texas law that I had to split everything (no matter what) with his daughter??? I hired my probate attorney and paid him in advance in full. However, my step-daughter and the other side of the family have never followed through with hiring a probate attorney. This November of 2013 will be five (5) years that my husband has been gone. Do I still have to worry about my land and home and etc by now? Is there a statute of limitations that has expired or about to come November?

Elder Law

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score 0 · Answer 1

Everyone has a will. If they don't prepare and execute their own, the state has a set of laws called intestacy that must be followed. You only mention land and a house, they are typically held with a deed of ownership. What was that as it generally specifies what happens at death. For example, 'joint with rights of survivorship' would pass to the person who is still alive. This has nothing to do with the will (or lack thereof!) But, since you paid a probate attorney, already, why aren't you seeking counsel from him/her? Why is this still not resolved 5 years later???

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I would ask your lawyer.

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In regards to a "probate" issue after my husband died unexpectedly, what is (if any) the statute of limitations?

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