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.
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?
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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...Read more »
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.
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 »
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 »
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.
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 »
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 »
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 »
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...Read more »
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 »
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