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…

Can a Video be used as a Will?

This column first appeared in the San Antonio Express News and other Hearst Newspapers on February 18, 2019. Dear Mr. Premack: My grandmother while in ICU stated that she wanted all she owned including her house to go to me and my bother in law. This was caught on cell phone video. She was later…

Both parents’ deaths leaves family with legal mess

This column first appeared in the San Antonio Express News and other Texas Hearst newspapers on August 3, 2018. Dear Mr. Premack: Our parents owned several valuable real estate holdings. They both had poorly written wills, but the wills do identify us as the heirs. When mother died in 2014 her will was not probated…

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…