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Questions Answered by Richard L. Shea
1 Answer | Asked in Real Estate Law and Estate Planning for Texas on
Q: can I file a small estate affidavit on line
Richard L. Shea
Richard L. Shea answered on Aug 28, 2017

If the County you are filing in has e-filing, you should be able to.

2 Answers | Asked in Elder Law for Texas on
Q: If my grandma signed an arbitration agreement with her nursing home but didn't understand it due to dementia, could that

be nullified so we can sue over nursing home abuse?

Richard L. Shea
Richard L. Shea answered on Aug 28, 2017

It depends on the details. If the date of the agreement was on or after 11/28/16 and the nursing home participates in Medicaid then CMS prevents them from using arbitration agreements. If the details don't fit into that window, then it would depend on the facts surrounding execution of the... Read more »

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1 Answer | Asked in Family Law, Elder Law and Estate Planning for Texas on
Q: I am durable power of attorney for my father. Can I add my brother as a secondary POA in Texas?

My father has dementia and cannot make decisions. I would like to add my brother in the event something happened to me.

Richard L. Shea
Richard L. Shea answered on Aug 4, 2017

In most cases no, but the final outcome is determined by the language of the existing Power of Attorney document. Some versions will allow a currently acting Power of Attorney to do what you want, while others will not include that power. When in doubt, check with the attorney that drafted your... Read more »

2 Answers | Asked in Probate for Texas on
Q: mother passed away and had a will leaving home to me and my wife,but we aren't on the deed, what happens
Richard L. Shea
Richard L. Shea answered on Aug 4, 2017

The Court will formally appoint an Executor when you open the probate case. The Executor will sign a distribution deed per the terms of the Will.

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