We are being sued in probate court for a property that was left to us through a ladybird deed. We desperately need an attorney that understands the difference between a ladybird deed and a transfer on death deed.
answered on Jan 29, 2024
A TODD and a "ladybird" deed are very similar with three important differences. 1) A TODD does not provide a warranty of title, whereas a labybird can; 2) a TODD can only be signed by the actual owner and not by an agent acting under a POA; and 3) only the owner can retain a life estate... View More 
J
answered on Jan 28, 2024
Yes, you should hire a Dallas probate attorney as soon as possible. At a minimum, a probate attorney could research the probate court's records and then make recommendations to you for how to proceed.
If your father had a valid last will and testament, it's possible he gave... View More
I live in Alabama and she lives in Texas. I am executor/administrator of her estate. Her only assets are about 90K in cash and savings accounts and in IRAs, all with named beneficiaries. What steps must I follow to settle her estate? What must be done in person?
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answered on Jan 11, 2024
Collecting accounts that have death beneficiaries listed is fairly simple. After your mother passes, just send a letter to each financial institution notifying them of your mother's death. Be sure to enclose an original certified death certificate, so be sure to order enough originals plus a... View More
I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.
Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.
answered on Jan 9, 2024
You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.
If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole... View More
How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More
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answered on Jan 9, 2024
To determine if your late husband had a Power of Attorney (POA) or to identify the executor and lawyers of his estate, you should first check any personal records he may have left. Important documents like a POA or will are often kept in safe places such as a home safe, filing cabinet, or a safety... View More
How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More
answered on Jan 9, 2024
I am very sorry for your loss. I am not in TX, but California. I agree with the other post, and talk to everybody to see if they were aware. The only thing I would add is that sometimes those who execute a Power of Attorney also record them in the county recorder's index where they live. This... View More
How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More
answered on Jan 9, 2024
Please accept my condolences for this tragedy. I would start worth people know about lost things and your situation. Your jurisdiction is different than mine but people are not different. I would call the local probate court or better yet go there and talk to people who have encountered the same... View More
named me executor and sole beneficiary. I understand I do not have to show him this will until I have been appointed by the court, however, should I respond to his text? Would a response show that I am agreeing to text communication with him?
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answered on Jan 4, 2024
Your question does not state whether or not, anyone has filed to Probate, your mother's Will.
If he has filed it, you better get busy and submit a filing of your own. You should not wait.
You are correct, if you are named as Executor, you have control. But you must file soon.... View More
My question is I guess would be the ex girlfriend took everything out of house and vandalized his house they went as far as taking plug in the walls and cut and took wires and copper. They took ac unit and the central ac unit inside cleaned out the barn and garage. In the will it stated that she... View More
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answered on Jan 1, 2024
You have been wronged, for certain, and for most wrongs there is a remedy. The remedy in this case is the executors of your dad's estate can sue the girlfriend for theft and conversion. You can require her to either return the stolen items or pay the estate for the value of them. The... View More
Married only to each other and 5 biological children together.
answered on Dec 30, 2023
It depends on what the wills say. Sometimes wills contains "survivorship" clauses. If there is no such clause, then the default section of the Texas Estates Code says one spouse would have to survive the other by 5 days in order to be considered to have survived. So, under the default... View More
The executor did not file will/paperwork via probate courts however used deceased assets for personal use. An attorney was obtained and a judge signed papers releasing the home to the heirs. The executor is NOT included to be partial owner.
The desire is to recoup the funds, attorney and... View More
answered on Dec 26, 2023
It depends upon the facts and circumstances of your particular situation whether you can successfully recover such expenses.
While an executor named in a will has standing to file a proceeding to probate a will, there is no legal obligation on the executor to do so. An executor can... View More
She Lives In Tx, Baby Due Jan 2024
Does She Need To Contest The Probate In Both Ark & Tx
answered on Dec 20, 2023
It depends. Your daughter should definitely file an appearance in the probate case indicating that she is pregnant with the decedent's unborn child. If the decedent has a substantial enough estate, the child may be entitled to support from the estate and should be entitled to a share of the... View More
My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate.
She told the police officer she was his grandmother and his next of kin. They did no research and put her down as... View More
answered on Dec 20, 2023
The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe... View More
My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate.
She told the police officer she was his grandmother and his next of kin. They did no research and put her down as... View More
answered on Dec 20, 2023
The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe... View More
Supporting myself since I was 16. With that being said, my Dad got ahold of the funds before they were given to me and now he is withholding them from me. In this legal? Is there anything I can do to make him give it to me ?
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answered on Dec 14, 2023
In your situation, where your uncle left you $5,000 in his will and your father is withholding these funds from you, it's important to understand your legal rights. As a beneficiary named in a will, you are entitled to receive what was left to you, provided the will is valid and has gone... View More
I am disabled and cared for My mom and lived in the home. I never filed the will that was made 2011 with 2 Witnesses There is a pending bill for $101,000 in back taxes. The will states that I am the executor and I keep all real estate and belongings I live in the house and don’t work. I only get... View More
answered on Dec 4, 2023
Unless and until a Will is probated, it does not pass title of a decedent's assets to the heirs named in the Will. You have four years from the date of the decedent (your mom)'s death to probate her Will. Legally, you are allowed to probate a Will without a lawyer; however, in practice,... View More
She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.
answered on Nov 27, 2023
Houses aren't probated. Estates are probated.
A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.
When your F-I-L died, your mom owned 50% as her community property and... View More
She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.
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answered on Dec 25, 2023
In Texas, if your mother-in-law wants to claim ownership and sell a property after her husband's death in 2007, she will likely need to go through the probate process. Even though she has been paying the property taxes, probate is necessary to legally transfer the title of the property to her... View More
Her spouse left her 30+ years ago, but have not divorced. My Aunt is now deceased.
answered on Nov 2, 2023
First I'm very sorry for your loss and offer my condolences.
Generally, a designated beneficiary on a 401(k) passes outside probate much like life insurance or any other account with a designated beneficiary. It is handled based on a written contract and does not come into probate.... View More
I filed affidavit and it has been filed thru deeds office. I have a buyer for the property and the title company wants to give half of sale to his living father. My husband has put property in his will to me, even though it wasn’t in his name.
answered on Oct 12, 2023
Assuming that your husband died after his mother, then you really should probate your husband's will. If you don't, then his heirs under Texas law inherit instead....so it's incredibly important for you to get a probate attorney to probate his will pronto. The process can take a... View More
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