Initiating Probate of an Intestate Estate

Dear Mr. Premack: My father passed away a couple of years ago without a will. My parents were divorced at the time and he was survived by his second spouse. Is it mandatory for his estate to be probated and who should file? – TF According to the Texas Probate Code, when a person dies…

Must a Will always go to Probate?

This column first appeared in the San Antonio Express News on November 20, 2017. Dear Mr. Premack: In Texas, is there a requirement that a Will be probated? Is it a better idea to have a Trust instead of a Will, and how does it work? – C.L. When a person dies, they might have…

Who gets the house when mom dies?

Many factors determine inheritance and future ownership of a home This column first appeared in the San Antonio Express News on March 9, 2017. Dear Mr. Premack: I am the daughter of a 95 year old mom. My only sister is 70, and our only brother passed away in 2013 leaving three children. My mom’s…