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Questions Answered by Isaac Shutt
1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I don't know if you can help me or not. My husband passed away and he had a trust in my name but I don't remember where.

How would you find out where a trust is at?

Isaac Shutt
Isaac Shutt
answered on Sep 24, 2022

An attorney could help you by looking in the real estate records. Some estate planning attorneys file trusts there. Also, if you can remember who the estate planning attorney was, you can contact the attorney for a copy.

If neither of those work, our law in Texas states that the...
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2 Answers | Asked in Estate Planning and Family Law for Texas on
Q: Do both settlors of a joint revocable trust have to sign any amendments made. Or can 1 settlor sign who is also trustee.
Isaac Shutt
Isaac Shutt
answered on Sep 4, 2022

It really depends on what the original trust document states. So, the answer is: "It depends". Start by looking at the trust declaration for how to amend the trust declaration. This is usually in a paragraph labeled "Revocability."

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2 Answers | Asked in Probate for Texas on
Q: Hi! My husband died Sept. 1, 2016 with credit card debt. His will was never probate. I was told I was not responsible

For this debt. Now a piece of property owned by his family for 100 years is being sold and the small proceeds divided among cousins. Do I have to worry about the credit card companies going after the sale money? I'm in Texas.

Isaac Shutt
Isaac Shutt
answered on Aug 25, 2022

The statute of limitations on most debt is four years max. So, you should be good-to-go. Plus, you may not even be filing anything in court, which means there may be no public record. In other words, it could be tough for a creditor to even know about these funds.

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Real estate in name of family Trust . Dad who signed is dead. Lawyer disbarred & says doesn't have. Help

Have new income from 1 of properties in trust. Can't open trust account to deposit $ without trust document.

Isaac Shutt
Isaac Shutt
answered on Aug 6, 2022

Do you at least have a copy of the trust document?

If not, it's still okay. In Texas, we have lots of Trust Code that lays out what happens in situations like this. This Code lays out who inherits from a trust in the absence of a written trust document.

If your bank is easy...
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1 Answer | Asked in Probate for Texas on
Q: If a benef survived 107 days after her father, but his Will hadn't submitted yet to probate, does her estate inherit her

portion? Father's will says: DEFINITION OF SURVIVAL =Any legatee, devisee, donee, person or beneficiary with respect to all or any part of my estate who shall not survive until ninety (90) days after the date of my death, or until this Will is probated, whichever occurs earlier, shall be... Read more »

Isaac Shutt
Isaac Shutt
answered on Jul 23, 2022

Yes. Since the beneficiary lived more than 90 days, the estate of the deceased beneficiary will receive the inheritance. You should definitely consult with a probate attorney in the area. I say this because whomever is handling the probate of the father's estate may not understand the law,... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: How do I get unclaimed assets that are pertained to me. I have lost my entire family over a 3 year span

I am from fort worth, and the unclaimed assets are there. However I am currently in tulsa Oklahoma

Isaac Shutt
Isaac Shutt
answered on Jun 13, 2022

It depends on the value of the unclaimed property. If the unclaimed property is just some money that has been deposited with the Texas Unclaimed Funds Registry and it's not very much, you can file a claim directly with the State of Texas Unclaimed Funds Registry.

If it's other...
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1 Answer | Asked in Probate for Texas on
Q: Do I need to have husband’s will probated?

He died 8-15-21 and did have a will, leaving everything to me. I have ownership of our mobile home, but the land is in this name. I was told by Bell Co. tax office I need to have land in my name. Do I have to have will probated to accomplish this?

Isaac Shutt
Isaac Shutt
answered on May 10, 2022

Yes, you'll need a probate attorney to help you with probating the will. You may be able to do the lesser expensive version of probate called "Muniment of Title", if all you're transferring is the land.

2 Answers | Asked in Family Law and Elder Law for Texas on
Q: If my wife needs long term memory care, can I use her non-joint ira to help pay for it without a power of attorney?

She has Parkinson dementia and is no longer able to make decisions. For long term care I need to use the money in her IRA. Most of the money was made after we were married, but it is not a joint IRA. I have been managing the account since her illness, but have not taken out any money. Now that she... Read more »

Isaac Shutt
Isaac Shutt
answered on Apr 10, 2022

You'll definitely want to speak with an attorney in the area who handles guardianship cases. In addition to (or instead of) guardianship over your wife, you may want to look at getting a document from the guardianship judge naming you as "community administrator". Many attorneys... Read more »

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1 Answer | Asked in Estate Planning for Texas on
Q: Last Will & Testament vs Trust?

my hubby & I married into a blended fam; We created a will together plus wrote specific instructions bout dividing, distributing assets, and property and had signed in front of a notary.

Is that enough or should we have done a Trust?

Is a Trust better than a Will?

Does... Read more »

Isaac Shutt
Isaac Shutt
answered on Apr 3, 2022

It definitely matters. With blended families, I recommend a trust. Here's the reason why:

Let's say you have a will that gives everything to the surviving spouse upon your death. The issue is that the surviving spouse can change his will to give assets only to his kids at his...
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3 Answers | Asked in Estate Planning and Family Law for Texas on
Q: Paypal and others asking for legal documentation or a copy of the will that identifies the executor of the estate

My husband died Nov 2020 and I have paypal and other paid subscriptions asking for legal documentation or a copy of the will that identifies the executor of the estate, what do I need to do to get that. My husband did not have any life insurance or major assets other than our home. So there is not... Read more »

Isaac Shutt
Isaac Shutt
answered on Apr 3, 2022

I agree with the earlier two answers. You're definitely going to want to talk with an attorney who routinely handles estate and probate law. If your husband died with a will, you'll be pleasantly surprised at how inexpensive and fast the process is with a good probate attorney. Even... Read more »

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1 Answer | Asked in Estate Planning for Texas on
Q: Can a POA and the Beneficiary on my father’s CD be sued for not dividing the CD among the three daughters per my father
Isaac Shutt
Isaac Shutt
answered on Mar 26, 2022

It really depends. Was there a beneficiary designation? If this POA person was listed as the beneficiary, then legally the CDs probably belong to that person. You may have a claim if your father instructed the POA person to change the beneficiary and the POA person didn't help make the... Read more »

1 Answer | Asked in Probate for Texas on
Q: My brother died 2 months ago. He has a will and my cousin is the executor as well as a beneficiary and my two grown sons

My cousin will not provide copies of the will to my sons and does not want to probate the will. My brother leaves nothing but personal belongings and a car. The executor says the beneficiaries will be responsible for probation fees up to $10k. This is a plain incontestable will. Nothing specific... Read more »

Isaac Shutt
Isaac Shutt
answered on Mar 17, 2022

Probate does not cost $10k. Typical cost is more like $2k-$3k, at least with our office. You can talk with a probate attorney. Probate is done in the county in which the decedent resided at death. If he died in Hawkins, you could probably get a probate attorney in the Dallas area to handle the... Read more »

1 Answer | Asked in Probate for Texas on
Q: My sister is executor of Dads will. She has dementia and has not filed the will for probate . How can I get her removed?

I need help getting her to file the will for probate or removed from executor as incompetent. She doesn’t recognize me has her sister. It’s been 1 1/2 years since Dad died and he had a large estate.

Isaac Shutt
Isaac Shutt
answered on Feb 8, 2022

If she hasn't filed the will for probate, then YOU can. You'll want to get a Texas probate attorney to help you. There is a process for this sort of thing, and an attorney focusing on probate law will definitely know what to do. You should have a consultation with a probate attorney so... Read more »

1 Answer | Asked in Probate for Texas on
Q: How does one go about getting a copy of a will?

My husband's mom died last year and his sister was made executor of the will. My husband has never seen the will, and has no idea what's in it. Ant way he can get a copy, and if so, from where?

Isaac Shutt
Isaac Shutt
answered on Jan 23, 2022

If a will is filed for probate, it is actually public record. You can look at the probate court's website to see if a probate has been filed. If so, the county clerk can send you a copy of the will. Of course, the easiest thing to do is to have a consultation with your own probate attorney.... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Agricultural Law for Texas on
Q: My mother just passed and she was 1/4 owner of 640 acres give or take. I was informed today that the other current

Parties want to sell. Since my brother and I inherited my mothers party what should we be asking

Isaac Shutt
Isaac Shutt
answered on Sep 23, 2021

You should definitely meet with a probate lawyer. You will want some sort of official legal documentation to show that you now hold title to your mother's portion of the property. Plus, you want an attorney to make sure you're getting your fair share. Contact a probate attorney to see... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: What type of lawyer handles house assets after Mother dies amongst siblings

My Mother died her home was owned by her & 1 sibling. Does my Mother part that she holds into the home goes to her living children?

She does not have a living will

Isaac Shutt
Isaac Shutt
answered on Sep 21, 2021

Yes. If she has no spouse and no will, then everything goes to her descendants. That would include her living children and also the children of any deceased child.

1 Answer | Asked in Probate for Texas on
Q: Brother filed for Independent Administration of Estate Do I have to sign?

Tx

Mother passed 2018

i lived in home

Need clarifation as to court date

"First Monday after expiration of Ten days from the date of service of this citation"

received Sat 8/ 23 21021

Isaac Shutt
Isaac Shutt
answered on Aug 30, 2021

There could be a court date any time after the ""First Monday after expiration of Ten days from the date of service of this citation". However, the judge can't appoint an independent administrator without your consent.

Whether or not you should consent is totally up...
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1 Answer | Asked in Probate for Texas on
Q: Does an executor have to appear in probate court in person in Texas? The executor of my will lives out of state.

The executor will not be able to travel to Texas.

Isaac Shutt
Isaac Shutt
answered on Aug 25, 2021

In ordinary times, yes. However, if the particular court is still doing Zoom hearings due to Covid, then the executor does not need to participate in the hearing in-person. Check with a probate attorney to see how this particular court is operating.

1 Answer | Asked in Estate Planning for Texas on
Q: If yes, then the answer is: after the sale, the proceeds are put into an estate account. Then, any estate expenses are

Deducted..How long does the administrator have to send to heirs?

Isaac Shutt
Isaac Shutt
answered on Jul 18, 2021

You can "demand an accounting" per the Code after the expiration of 15 months from the time the executor was appointed as executor. That's really the first chance you have to flex any muscle. Before that, you can always get a probate attorney to write a letter on your behalf--that... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: How are assets (real estate) distributed to heirs when properties are sold under an independent administrative situation
Isaac Shutt
Isaac Shutt
answered on Jul 18, 2021

If the properties are sold to a third-party, then there would not be real estate to distribute. Are you asking how the money from the sale of the real estate gets transferred to the heirs?

If yes, then the answer is: after the sale, the proceeds are put into an estate account. Then, any...
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