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?
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.
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 »
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 »
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 »
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 »
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?
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... Read more »
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?
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 »
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.
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 »
Yes, unless the will was probated as a "muniment of title".
Are those agencies reputable? I'm her only surviving family member, both our parents are deceased. I find nothing noted in our County's surplus listings, nor state listings. How can I verify if there is actual funds? And, do I need to go through the agency who contacted me, or an attorney?
It may or may not be a scam. If it's NOT a scam, it's probably a company that will collect a hefty contingency fee for assisting you. You would be better off with hiring your own probate lawyer.
Father died 7 yrs ago, only found out about it 2 yrs ago due to the back executor trying to filing the will with the county. I was left 10% of the assets, but since the will was never properly probated, am I entitled to an equal share (25%) since there are 4 heirs?
You're mostly correct. The standard period for probate is 4 years. However, if the proponent of the Will can show that he/she is "not in default" for failing to probate the Will within 4 years, then the court can allow the Will to be probated after the 4-year deadline.
So,... Read more »
My grandmother left my uncle to live in her estate until he passes and gave the house to my sisters and I. What are his rights as a life estate tenant and our rights ?
It would be a good idea to have a lawyer look at the document that gives your uncle a life estate. This is because a "life estate" can be tailored several different ways. Some life estates terminate if the life tenant moves out. Others don't terminate until the life tenant dies.... Read more »
My common-law husband died after surgery. He had given me durable POA and I am sole beneficiary of his estate. He had just gotten his inheritance check from the sale of his mother's property but hadn't signed it. I can't probate the will until I get a death certificate but want... Read more »
You don't need to wait on the death certificate to get started with the probate process. Go ahead and contact a probate attorney to get that process started.
You may be allowed by your spouse's bank to deposit the check into his account, but maybe not. It's worth a try! If... Read more »
My daughter is executor of my mothers estate in Texas.
she has failed to provide accounting and also has failed to
distribute the assets to beneficiaries
Our law office has a letter we send that requests an accounting. Under Texas Law, if you don't receive a satisfactory response within the allotted time, then the judge can order that that all of the assets be distributed and/or order that the executor be removed.
My father in law passed away in June 2020. My husband has presented all documentation to the bank within 2 weeks of his dad's passing. However, the bank keeps giving him the runaround. The bank won't provide any information as to any of his dad's accounts or when they will be... Read more »
I can imagine that there could be one of two problems:
First, it could be that the bank requires "letters testamentary" or a "small estate affidavit." These can be required by the bank, and you can only get them by going to probate court. If your father in law had a... Read more »
our names. All the children are grown and out of the house. There was no will. How do I get the properties in my name?
In your questions, you state there was no will. So, you have two options. If you're going to hang on to the properties, the cheaper option is called an "affidavit of heirship." If you want to sell within the next five years or so, it might be better to do the title transfer the... Read more »
I agree with Ms. Garrett. Your grandmother could sign a deed, which would transfer the house to you. A "Ladybird" deed is often recommended in your grandmother's situation. Also, if she doesn't already have a will, she should have a will. In her will, she can leave the house... Read more »
It depends on the deed. Did the deed say they were "joint tenants with rights of survivorship"? If yes, then second-person-to-die's estate owns all of the property. If not, then each half would go to the respective persons' heirs (or will beneficiaries, if they have wills).
This is called "probate with will annexed." You can still have an administrator appointed, but you'll need an attorney if you want an administrator. If you don't want or need an administrator, then you can do a "probate as muniment of title only." With muniment of... Read more »
When I die can I create a will appointing a close friend to be my daughter's guardian/caregiver when I'm gone? Will my daughter's father have any say so to whom is her caregiver? Thanks
Yes, you can. You also should establish a trust in your will for your daughter. You need to do this so that your daughter doesn't lose her governmental benefits... We don't charge anything extra for adding this type of trust into our clients' wills.
My father is 98 and in a nursing home. He has always been adamant that his house would go to his children. Now his wife, who has insisted for years that he Has dementia, has gotten him to give her the house. What is our recourse?
You should definitely do something. You'll want to get an attorney that does guardianship and also estates law.
If he allegedly gave the wife the house with a deed, then you will need to do something now. If he allegedly gives her the house in the will, then you may have to wait... Read more »
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