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Questions Answered by Isaac Shutt
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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1 Answer | Asked in Probate for Texas on
Q: What do i do if a family member passed, no will was left. And only some assets were distributed not his money or land?

A cousin was a signer on his bank account as she was the one who would write out his checks to pay his bill. However when he passed she kept the money in his bank accounts and he was very wealthy. She designated one person and gave them a huge property and she has only separated other assets. What... Read more »

Isaac Shutt
Isaac Shutt answered on Jul 17, 2021

You should DEFINITELY talk with a Texas probate attorney. Probate is the legal process necessary to transfer a deceased person's assets. Typically, when there's no will, your probate attorney will handle the Determination of Heirship process for you.

This cousin was probably...
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2 Answers | Asked in Estate Planning for Texas on
Q: As a surviving child...how can I be deemed tbe executor of my fathers estate?
Isaac Shutt
Isaac Shutt answered on Jul 1, 2021

I agree with the previous answer. If your father had a will, you'll need to go to probate court (with a probate attorney) to have an executor appointed pursuant to the will. If the will named you as executor, then you'll be requesting that the judge honor the will and appoint you as the... Read more »

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1 Answer | Asked in Probate for Texas on
Q: Taxes on land in a trust.

My mother has land in a trust given to her by my grandmother. Her brother, my uncle, is my grandmothers power of attorney and executor of her will. He is trying to force my mom to pay the taxes on the land now, even though it does not yet belong to her. He says if she doesn’t he will not pay them... Read more »

Isaac Shutt
Isaac Shutt answered on Jun 29, 2021

It really depends on the trust itself. In order to answer this, we would need to know more about the trust itself. Get a copy of the trust and then schedule a consultation with a trust attorney in Texas. You might be pleasantly surprised at how easy and affordable it is to get a good legal... Read more »

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Question is regarding wills.

Texas - Dad died no will and house only in his name. Mom dies and made will leaving 25% son, 25% daughter and 50% divided 3 grandchildren. Can son file for % heirship since dad had no will?

Isaac Shutt
Isaac Shutt answered on Jun 15, 2021

Yes, absolutely. If Dad had no will, then Dad's "heirs" inherit Dad's assets. Most surviving spouses just assume that they automatically inherit the deceased spouse's estate, but that's not actually correct.

Keep in mind, though, Mom will likely be the...
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1 Answer | Asked in Civil Litigation, Contracts, Estate Planning and Probate for Texas on
Q: Can I sue for my grandmas ashes? Her new husbands family took them when he passed.

My grandma passed (in Texas 2015) first and then her new husband had changed around everything in the will (when my grandma was sick he got her to sign stuff). He cut multiple family members from my grandmas side out and made his son the executor. When her husband passed (in Texas 2017), the son... Read more »

Isaac Shutt
Isaac Shutt answered on Jun 14, 2021

It's definitely worth having free (or inexpensive) consultation with a probate attorney. I'd recommend trying to schedule a meeting with an attorney that focuses on probate and estate planning law.

You would be an heir to your grandmother's estate, so it's important...
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1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Can I give my dad a notice to leave my moms home? She has passed away and left no will but I pay the mortgage.

My mom died last year and left no will. He has created an argument over nothing and feels like he is entitled to everything. He lived with her for a few months last year before he decided that he could no longer care for her and verbally told me I was responsible for her. He decides to come back a... Read more »

Isaac Shutt
Isaac Shutt answered on Jun 11, 2021

Definitely consult a probate attorney. I do think you'll need to involve the probate court so that your inheritance rights are protected. Many probate attorneys offer free or inexpensive consultation meetings.

Your father probably just assumes that everything of your mother's...
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3 Answers | Asked in Probate for Texas on
Q: Stepmom and Dad passed away 8 months apart both with wills

My stepmom and dad passed away 8 months apart they both have wills. My stepmom’s will and dad’s will hasn’t gone through probate yet. Should both will be probated or only the one that passed away second?

Isaac Shutt
Isaac Shutt answered on Apr 16, 2021

Both need to be probated. The good news is that it's often less expensive to probate two wills at the same time. At our probate law office, we call it "piggyback probates"! The reason they both have to be done is because the first spouse's name needs to be removed from title... Read more »

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2 Answers | Asked in Probate for Texas on
Q: Life Insurance where beneficiary is deceased

My father in law had a life insurance policy through his job. He had his wife listed as the beneficiary. She passed away last year and he passed away this year. He never changed the beneficiary. The paperwork we received ask for death certificates for both as well as heir information. The life... Read more »

Isaac Shutt
Isaac Shutt answered on Apr 12, 2021

I agree with the previous answer. I would recommend that you consult with a local probate attorney.

The life insurance companies typically don't pay out to the wrong person. They're pretty cautious. So, if they paid it to you, you were probably legally entitled to it. However,...
Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: As an hair to an estate, what rights to I have over the administrator of the estate

My father is the administrator of the estate. As an air do I have the right to see all the documents that have to do with the state and bills being paid

Isaac Shutt
Isaac Shutt answered on Apr 11, 2021

You sure do! First of all, you should receive an inventory of the estate's assets within 90 days from the time your father was appointed. If you didn't get that, make sure your father supplies that to you ASAP. Secondly, 15 months after the time your father officially became the... Read more »

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2 Answers | Asked in Estate Planning for Texas on
Q: If someone is willed an inheritance, will they b required to pay taxes on the money they were willed

I have a document but I cannot figure out how to paste it here. 5hat is the best I could come up with so y'all could view it

https://photos.app.goo.gl/h3rHvB1Lj8b8Vin99

Isaac Shutt
Isaac Shutt answered on Mar 30, 2021

Unless the amount of the estate is more than about $11.8 million, there will be no estate tax. There is income tax on accounts such as 401Ks and IRAs. Talk with a CPA. Depending on the type of account or asset, there actually be no tax due on your inheritance.

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: I am one of the beneficiaries on my late deceased mother’s estate. In the period of her death my health has declined I’m

I am one of the beneficiaries on my late deceased mother’s estate. In the period of her death my health has declined I’m in renal failure and had a stroke. The estate was in probate for 3 yrs due to the fact step father protested the will (greed). Now consider this I was on deaths door. My... Read more »

Isaac Shutt
Isaac Shutt answered on Mar 11, 2021

You'll definitely want to get a probate lawyer ASAP. You'll definitely want someone to protect your rights. It sounds like have of the restaurant and home belong to your mother's estate, of which you're a beneficiary. I would get an attorney to help you demand an accounting... Read more »

3 Answers | Asked in Probate for Texas on
Q: Father died recently left estate to 3 kids. Youngest named executor and the oldest is challenging the executor-ship.

eldest owes estate 400K. Eldest also lives in fathers home (paid for). Eldest is stalling so they do not have to pay and can live indefinitely in house. do we need a lawyer?

Isaac Shutt
Isaac Shutt answered on Feb 26, 2021

Yes. A person is not officially the executor until the will has been probated by the Probate Court (and the judge officially appoints the executor). You are required to have an attorney with this.

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1 Answer | Asked in Probate and Estate Planning for Texas on
Q: My mother passed without a will and my father is requesting independent administration of her estate. Do I need a lawyer

My father has been incredibly untrustworthy and not acted in anyone else's interest since my mom's passing in May 2020. He was in a new relationship via a dating app in less than 2 months and married in less than 9. He wants my siblings and I to sign a waiver to agree that he can do what... Read more »

Isaac Shutt
Isaac Shutt answered on Feb 25, 2021

Definitely would be a good idea to have one, so that you have a professional in your corner to protect your inheritance rights. It shouldn't cost much, because your lawyer would really just be a watchdog unless your father really tries to take advantage. Also, your father can't get an... Read more »

2 Answers | Asked in Estate Planning, Banking and Probate for Texas on
Q: Who is responsible for Bill's such as electrity and water and car payments and insurance payments when someone dies

Father died back in 2019 in july verbally naming brother as PR of estate. Wondering if him charging the estate 35 dollars an hour and saying that he has 958 hours of work on the estate is unreasonable or if the judge will see that as unreasonable. He says hes done extraordinary measures the whole... Read more »

Isaac Shutt
Isaac Shutt answered on Feb 11, 2021

You can't verbally appoint a PR prior to death. Your uncle may be acting as if he's the PR, but if he's not appointed by the judge, then he's not really the PR. Any of the heirs could apply to become the actual PR. Also, I agree with Ms. Garrett that the fees that need to be... Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Mother passed away with a will. She also created a living trust making her caregiver trustee to 50% of the house.

I get 50% of the house but I don't know what else is listed in the trust. Does the will take precedence over the trust or do we go by whatever is in the trust?

Isaac Shutt
Isaac Shutt answered on Jan 22, 2021

You'll definitely want to consult a probate attorney for help with this, particularly one with experience with will contests and estate disputes.

The short answer to your question is that it depends on whether the house was deeded into the trust prior to death. If yes, then the trust...
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3 Answers | Asked in Probate for Texas on
Q: My mother just passed away and I was not in town. Her lawyer told the caregiver to lock up the house and leave.

I am listed as executor of the estate on the copy of the will they gave my mother gave me but have not filed for probate yet. Am I able to go and take care of the house and keep the bills up to date or do I have to wait for probate to start?

Isaac Shutt
Isaac Shutt answered on Jan 20, 2021

You'll want to get a Collin County Probate Attorney. Since you are listed as the executor, you need to have a probate lawyer help you get the will probated. Once that's done, you are officially the executor. Once you're the executor, you can handle the estate. The good news is... Read more »

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Is the executor of my father’s Will required to let me see it. His only heirs are myself and my sister.
Isaac Shutt
Isaac Shutt answered on Jan 14, 2021

Yes, under Texas Law, the executor must show the beneficiaries must receive a notice after the probate hearing. That notice usually contains a copy of the Will. ALSO, once the will is filed for probate, it's actually public record.

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1 Answer | Asked in Probate for Texas on
Q: If the deceased had $ in the bank at death and the executor went and withdrew it that day does he have to account for it
Isaac Shutt
Isaac Shutt answered on Dec 28, 2020

If the executor was listed as "joint tenant with right of survivorship," then he/she may be able to legally withdraw those funds and not owe any accounting for the funds. If not, then the executor may have lacked legal authority to withdraw the funds. A good place to start is to find... Read more »

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