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I am in Texas probate court, property was bought before marriage.

Posted on: 08th Jul, 2011 12:46 am
My husband bought property before our marriage. Shortly after, we moved to property, we went to bank, signed papers from attorney adding me to the deed of trust and I am also listed as borrower, along with my husband. He had new papers drawn up so that this property and our home would be mine upon his death. He died with no will, suddenly. I have had to retain a 2nd attorney, the probate judge put us into District Court. been in probate 3 1/2 years. Will this property be mine(I have paid it off) or is it still considered separate property, leaving with only the widow's life estate. How is the widow's life estate given a value? We can't find his son, will the state get his share after so long? What is the right to survive laws in Texas, I'm needing to sell assets now. Neither attorney has answered these questions for me. Thank you
Hi coellaneel,

You will have to prove that you are his heir and file an affidavit of heirship at the county recorder's office in order to transfer the property in your name. Once the property is transferred in your name, you'll be able to sell off the property.

Posted on: 08th Jul, 2011 01:28 am
husband had two sons -Al has caused all the problems, harrassed my 1st lawyer, (withdrew), harrassed probate judge(he put me in District Court), and my husband never believed he was his biological son, he is supposed to be doing voluntary DNA, 3 weeks ago. 2nd son, Chris, has had nothing to do with his dad since he was 18, he's 30, Al says he's talked to him, but no proof of that. I have reached out to Chris, with no response. Al added Chris to the suit, Chris changed his name long ago. Al has not been required to provide contact info. I am working on motion to sell items, get Al to have to provide info. What happens with Chris? he received a certified letter in beginning. Al has had 2 lawyers, never paid either one, doesn't have one now. my attorney acts like Al is his client. Al has said in hearings he would pay for appraisal of property, not done. He is not required to do anything he says he will do by court. I have had 2nd attorney since July 2010 and have only 6 pages of what he has accomplished, and says my retainer is used up $3500. I need to know what statute states that I can transfer property into my name, please. And what about survivor rights for me, I need to pay utility bills. Thanks so much for your help, I have done any and all research for DNA and many other issues, not attorney. help!!!!
Posted on: 08th Jul, 2011 01:53 am
Hi coellaneel,

This is a tough situation. It will be better if you could contact an attorney who is well versed with the domestic laws of your state and take his opinion in this matter.

Take care.
Posted on: 11th Jul, 2011 01:58 am
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