Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical and... Read more »
I agree with the two prior answers. Go see a guardianship attorney to try and become your dad's guardian.
He lives with me and I am his caregiver
Yes, you'll need a guardianship attorney in your area to request a transfer of the guardianship case. This can be very straightforward. In fact, some of the probate judges do not even require a hearing. Start with a free consultation with a guardianship attorney in your area.
I want to buy the condo and was not sure if she can when it's still in his name. She is owner financing it for me and I got a contract drawn up but want to be sure it would be legal for her to be named as the seller or does the name of the owner be changed to her before executing the contact
Also, make sure that the will has actually been to probate. You only get 4 years to take a will to probate, by default. If the will hasn't been probated, then get with a probate lawyer quickly so you can get squared away. After that, you can deal with the paperwork to sell the condo to you... Read more »
It will be 15 months in february and the the estate is not closed yet. How long does he have to complete this? He seems to be dragging it out because he doesn't have time to do it. Will he eventually get in trouble with the court?
Yes, after 15 months from the date of the probate hearing, any beneficiary can submit a demand for accounting to the executor. This demand is oftentimes prepared by a lawyer. Then, the executor has to respond with a line-by-line transaction list for the estate. Also, in the response, the... Read more »
Probate was filed with a valuation of 800,000.00 then claims value in open court of 1.2 million and inventory filed with 0.00 didn't include other money given for final expenses and then kept the money and never paid funeral home. Hasn't opened estate account deposited refunds payable to Decedent... Read more »
That is highly suspicious. You should talk to a probate attorney in your area, ASAP! That is not at all normal to state in the application that the value is high but then state in the inventory is $0. Something is definitely not right.
My father has property located in Angelina and Polk County Texas
Your aunt is not technically the executor until the will has gone to court for probate. In order to probate the will, Texas law requires that you have an attorney. If your aunt does not take the will to court for probate soon, then you can initiate the process yourself. I highly recommend talking... Read more »
I am also the executor of the estate. I am wondering if the real estate investment has to go to the estate first, then be distributed to me, or can it come directly to me.
I agree that the will does have to go to court (to be probated). There is a special type of probate called "Probate as a Muniment of Title Only." This is a version of probate where the property WOULD automatically transfer to you immediately at the probate hearing. Your best bet is to consult... Read more »
I am being told by his creditors I need letters of testemonary, affidavit of heirship to sell his house, or become executor of the estate to collect money he left my brother & I as beneficiaries in an IRA. There is no money in dad's estate.
If there's a will, you cannot do a Small Estate Affidavit. You will need to do a will probate.
YES! You are entitled to property. In fact, under Texas Law you're probably entitled to receive more of your father's property than your stepmother. Reach out to a probate attorney as soon as possible to schedule a consultation meeting so that your inheritance rights are preserved.
The will states that if I contest or attack the will I lose my inheritance. It also states that we can no go to court over the administration of the estate other than all the filings the executor has to file with the court. But can I take the executor to court if hes being fishy about things? He... Read more »
I will add that there is good Texas Law that establishes that it is not a "will contest" to challenge wrongdoing by the executor. Definitely talk with a probate attorney to see what you can do. If it has been 15 months, it would be a good idea to do the Demand for Accounting.
The executor of our will is saying that he does not to show us any paperwork except the will. We asked to see the paperwork to show how he came up with the inheritance amount but hes saying he doesn't have to show us. It's being split between 2 people. There's a sale of a condo, then repayment... Read more »
Terry is correct. However, you should also take a look at the will. A lot of times, the will states that the beneficiaries are allowed to request an accounting. If the will says you can request an accounting, then you can request an accounting from the executor at any time. If the will does not... Read more »
I'm the executor of my father's estate and probate has opened. My mother is the sole beneficiary. Both their names are on the house deed but no Transfer on Death language is in the will or on a signed form. I'm my mother's beneficiary for real property and am now paying for repairs to their house... Read more »
I agree with the prior answer. See, if you start putting money into the house, what if your mother doesn't give you the house (upon her death or when she moves out)? If she doesn't then, are you okay with the thought that you may lose all that money you put into the house? If the answer is yes,... Read more »
4 tenants in common listed; one of those is the executor; Executor is given full power to sell, manage and dispose of any and all of the estate in the probated will. Two of the beneficiaries have signed and notarized a purchase agreement for the property. The other two beneficiaries are not... Read more »
Your suspicion is in fact correct; the purchase agreement needs all of the property owners to sign. Without that, the contract is only binding on the 2 people who did sign. So, if the 2 non-signing people decline to approve the sale, that could put the 2 signing people in breach of contract.
Special Warranty Deed has also been transferred
Yes. You get two years from the date of the original probate hearing to contest the will. It's important to file your contest ASAP, because a lot of the property may get transferred to the beneficiaries named in the "will." So, you want to try and contest the will quickly so you can prevent... Read more »
My step brother is named executor and he had misappropriated some of the assets of before death ( with a POA) I was going to go to court file to have him removed from executor but am concerned about the no contest clause
Meet with a probate lawyer ASAP. Many probate lawyers offer a free (or inexpensive) consultation meeting. The wording of the no-contest clause is important. However, and this is probably even more important, the no-contest clause cannot be used as a shield for the executor's wrongdoing. There... Read more »
My dad passed away today. He has had a live in girlfriend for 9 years. They have separate accounts and not common law. She does help pay for some bills once in a while. How do his kids evict her since the home is 100% in his name.
You will need to probate his will first, if he has a will. If he has no will, then you'll need to do a "determination of heirship." Either way, you'll either want or need a probate attorney to assist you.
After the above is completed, you can file for eviction.
House was in parent’s name only. I was told by atty that offspring heirs get the house after stepparent dies or decides to move out. I looked on property records online & after my parent died, “estate of (parent’s name)” was listed as sole owner, now 2 years later after probate has been... Read more »
If you're looking the the tax rolls (the CAD record), then that may be your problem. The tax rolls often merely show who gets the tax bill, not necessarily the true owner. You would need to look at the actual deed record to see if someone filed a deed or something that purportedly changed the... Read more »
Filed a first and second codicil. Dofferent language and contradicts his Will.
You definitely need to talk with a probate lawyer to give some more details. It sounds like you may have a good case for a "will contest." With that type of case, many attorneys describe a "race to the courthouse," which means you have a better case if you act quickly. This is because there's a... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
