Krum, TX Estate Planning Law Firms & Lawyers

Once a Will has been submitted for probate, it becomes a public document and can be read by anyone on the website of or requested from the local probate clerk.  You may think that your mother had no reason to leave things to someone who took care of her when you did not but she may have thought differently.  Since someone can make a Will in a "lucid moment" and a Will must be notarized with two witnesses, it would be very difficult to prove that she did not make the Will of her own accord, whatever her general condition.  In addition, undue influence must be so great as to overpower a person's normal wishes and desires.  While it is easy to imagine that someone was influenced by the care they received in their dying days, it is not so easy to imagine that a Will gifting the person who provided that care was obtained through undue influence.

No, the heirs are not responsible for the debts of the deceased UNLESS those debts were guaranteed or co-signed, or unless the heirs took assets from the deceased that could have been used to pay the debts.

Probate is done in the state where the decedent is domiciled. Since he was temporarily staying in another state, that is not considered to be his domicile. Only assets in your father's name only will go through probate. For most married couples, they own everything in joint names, so upon the first to die, there is no probate estate. Therefore, the first question to ask is what assets did your have in his name only that had no beneficiary designation upon his death. This includes payable on death bank accounts and certificates of deposit, transfer on death for personal property that is titled such as boats and automobiles, and beneficiary deeds for real estate. If there are no assets, there is no probate. The next question is what is the value of the assets that go through probate. Most states have procedures for small estates. In Missouri, the small estate procedure is for net assets totaling less than $40,000. If the net assets total more than $40,000, then you need to do a full probate estate. In Missouri, you need to hire an attorney for probate. For estates greater than $40,000, the person probating the estate is called the personal representative. This person can also be called the executor or executrix. This person is named in the will. If there is no will, then this person applies for letters of administration and requests to be appointed personal representative. The court does not automatically do this. The attorney will prepare the necessary papers for you to sign and get appointed.