Unifying title after death of your spouse
Q: I’m a widower, and I want to put my house into my name alone. I was told I need to go through a lawyer. Why? What do you think it would cost?
A: A lawyer can tell you what type of probate is best to remove your late spouse’s name from the title. The lawyer can also represent you in the matter.
Many factors determine what it will cost. Expect a range between $1,000 and $10,000. The fees charged depend on many factors, including where you live, whom you hire, whether there is a will and what other assets you own.
Q: My aunt died years ago, and her only asset was a $900 check from her mortgage company. The lawyer charged $800 to do a Small Estate Affidavit. Now, my mother has passed, and just like my aunt, her only asset is a check made out to her estate for $1,233. Everything else passed directly to me. My mother died without a will, and I am her only child. How can I cash this check without going to probate court?
A: You should prepare a Small Estate Affidavit yourself. The forms and instructions are easy to find on the internet. Just
search “small estate affidavit form” along with the county where your mother lived. Harris, Bexar, Travis and Jefferson counties all have forms available online.
There will be a fee to file the affidavit, but you will not have to hire an attorney.
The problem is going to be cashing the check. Once you have the court order in hand, go to the bank which issued the check to try to cash it there. Bring along a certified copy of the affidavit and order when you go to the bank. Even with the judge’s order, you may face some resistance from the bank.
Q: My mother is 96 years old and has a will that was prepared in Arkansas. I am the executor. She sold her home and car two years ago and moved to Texas where she lives in an independent living facility. She owns no real property. Her investment accounts will automatically transfer to my sister and me upon her death. Does she need a new Texas will? Is there a need to probate a will under these circumstances?
A: Assuming you and your sister outlive your mother, there is no need for probate following her death. If your mother outlives both you and your sister, her Arkansas will can be probated here in Texas, so there is no need for her to get a new will.
However, she should consider signing a new financial power of attorney, medical power of attorney and directive to physicians here in Texas. Texas has its own unique forms. Doctors, hospitals and other businesses will be more likely to accept recently executed Texas forms.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. 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 stateyourcase@ lipmanpc.com.