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