Search Site
Menu
Sometimes It’s not “One and Done”: Difficulties of Probating the Surviving Parent’s Estate

Difficulties of Probating the Surviving Parent’s Estate

Texas has relatively efficient probate system.  It has been designed to provide a number of options to allow residents to select the least expensive and quickest method to probate an estate.  In fact, Texas has developed abbreviated probate proceedings to deal with small estates, including individuals that really only own a house or land.  However, a common misconception is that the house (or land) automatically transferred to the surviving spouse when the first parent died because both mom and dad’s names were on the deed.  This is almost never the case.

There is a deed that will operate to transfer title to the longest living owner.  However, it is rarely utilized in Texas.  Consequently, when the longer living spouse passes, the heirs are left to probate two estate (i.e. mom’s estate and dad’s estate) in order to effectively transfer all interests in the property to the heirs.  This not only increases the burden (by focusing the costs of two probates into one time period) it can also raise legal difficulties (i.e. additional expenses) if too much time has passed since the first parent’s death.

To avoid this issue, you should speak with a legal professional when either one of your parents pass in order to clear up an ownership issues in a timely manner.  Taking action has the added benefit of centralizing ownership in the surviving parent, which should allow him/her the unfettered control over their property to take the actions necessary to sell or otherwise manage their property during their lifetime.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2019

    The Strong Firm represents borrower in $42.3 million HUD construction loan for multifamily real estate development in Walton County, Florida.

    Read More
  • Spring 2019

    The Strong Firm acts as legal counsel for borrower in $32.1 million HUD construction loan for multifamily real estate development in Conroe, Texas.

    Read More
  • Spring 2019

    The Strong Firm aids borrower in $31.7 million HUD construction loan for multifamily real estate development in Nueces County, Texas.

    Read More
  • Spring 2019

    The Strong Firm represents borrower in the refinancing of a $3.57 million commercial mortgage-backed security for a commercial office facility in Montgomery County, Texas.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2019 Award

Recent Blog Posts

Navigating the New Normal: How Our Local Courts Are Adapting Amid the Coronavirus Outbreak

In March, when Governor Abbott declared a state of emergency in Texas, part of the declaration recommended that all non-essential court proceedings be suspended and that in-court appearance be discouraged in non-emergency situations. The declaration has left courts across the state scrambling to determine if, and how, to continue non-essential
Read More
Navigating the New Normal: How Our Local Courts Are Adapting Amid the Coronavirus Outbreak

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the Bankruptcy Provisions Therein

Last Friday, Congress passed and President Trump executed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act” of “Stimulus Bill”) granting a significant and admirable level of support to the U.S. economy that has been left reeling by the one-two punch of the COVID-19 pandemic and OPEC’s… posturing.  While
Read More
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the Bankruptcy Provisions Therein

Combating Consumer Scams Amid COVID-19

As Texans, we have weathered our share of crises and disaster, although, here in southeast Texas, it’s usually in the form of a hurricane. Times of crisis and uncertainty, such as the current COVID-19 outbreak, tend to bring out not only the very best in people, but also the very
Read More
Combating Consumer Scams Amid COVID-19

Considerations for Commercial Property Owners and COVID-19

The novel coronavirus (COVID-19) has wreaked havoc on the world and our nation, casting widespread uncertainty and hardship in seemingly every corner of the economy. With many commercial tenants in dire financial straits – particularly those who rely upon customer interaction (i.e. retail, restaurant, and entertainment) – commercial landlords are
Read More
Considerations for Commercial Property Owners and COVID-19
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.

Pay Retainer Online

Use our easy-to-use and secure online payment feature.
We accept all major credit cards.

Pay Your Retainer

Contact us

Quick Contact Form