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Questions Answered by Isaac Shutt
3 Answers | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: What can be done when the state seeks guardianship of my dad?

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 »

Isaac Shutt
Isaac Shutt answered on Jan 20, 2020

I agree with the two prior answers. Go see a guardianship attorney to try and become your dad's guardian.

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2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I transfer my dads guardianship from california to texas. We have already moved and I have guardianship of him .

He lives with me and I am his caregiver

Isaac Shutt
Isaac Shutt answered on Jan 17, 2020

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.

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2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: My mother was left a condo in her deceased husband's will 4 years ago. She has not changed the name from him to her.

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

Isaac Shutt
Isaac Shutt answered on Jan 15, 2020

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 »

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2 Answers | Asked in Probate for Texas on
Q: How long does an executor have to file and complete the paperwork for a will?

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?

Isaac Shutt
Isaac Shutt answered on Jan 9, 2020

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 »

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2 Answers | Asked in Probate for Texas on
Q: Is it legal to claim an over inflated value of an estate on the application to Probate?

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 »

Isaac Shutt
Isaac Shutt answered on Dec 5, 2019

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.

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3 Answers | Asked in Probate for Texas on
Q: Father passed over 1 yr. His sister is allegedly executor. A will has not been file to date, what are my options.

My father has property located in Angelina and Polk County Texas

Isaac Shutt
Isaac Shutt answered on Dec 4, 2019

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 »

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2 Answers | Asked in Probate for Texas on
Q: My mom left real estate investment to me in her will. Does that go to estate first, or to me?

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.

Isaac Shutt
Isaac Shutt answered on Nov 14, 2019

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 »

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2 Answers | Asked in Probate for Texas on
Q: .y father died without a will. How do I know if I can just do a small estate affidavit or if I have to go thru probate.

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.

Isaac Shutt
Isaac Shutt answered on Oct 14, 2019

If there's a will, you cannot do a Small Estate Affidavit. You will need to do a will probate.

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3 Answers | Asked in Probate for Texas on
Q: My father passed away and he was married to my stepmother There is no will Am I entitled to anything
Isaac Shutt
Isaac Shutt answered on Oct 5, 2019

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.

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3 Answers | Asked in Probate for Texas on
Q: Can I take the Executor to court if hes not doing things correctly?

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 »

Isaac Shutt
Isaac Shutt answered on Oct 2, 2019

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.

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4 Answers | Asked in Probate for Texas on
Q: The executor of our will is saying that he does not to show us any paperwork except the will. We asked to see the pape

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 »

Isaac Shutt
Isaac Shutt answered on Oct 2, 2019

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 »

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3 Answers | Asked in Probate for Texas on
Q: How do I remove my deceased parent's name from deed then add my name?

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 »

Isaac Shutt
Isaac Shutt answered on Oct 1, 2019

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 »

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3 Answers | Asked in Probate for Texas on
Q: Can an executor sell a property w/o consent of all beneficiaries listed as "tenants in common"

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 »

Isaac Shutt
Isaac Shutt answered on Aug 12, 2019

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.

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2 Answers | Asked in Probate for Texas on
Q: If a probated will was filed and recorded on July of 2018 can it be protested on April 2019?

Special Warranty Deed has also been transferred

Isaac Shutt
Isaac Shutt answered on Jun 10, 2019

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 »

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2 Answers | Asked in Estate Planning for Texas on
Q: Does a no contest clause in a will cover the executor of the will ?

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

Isaac Shutt
Isaac Shutt answered on May 22, 2019

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 »

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2 Answers | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Texas on
Q: How do i evict deceased father's live in girlfriend from his home?

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.

Isaac Shutt
Isaac Shutt answered on May 20, 2019

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.

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4 Answers | Asked in Estate Planning and Probate for Texas on
Q: My parent died intestate. I’ve been told Texas law allows stepparent to lifetime rights to live in house.

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 »

Isaac Shutt
Isaac Shutt answered on Apr 29, 2019

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 »

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My Dad was an attorney. He passed away. My Step mom forged signature and notaries are her employees. Help!?!?

Filed a first and second codicil. Dofferent language and contradicts his Will.

Isaac Shutt
Isaac Shutt answered on Apr 29, 2019

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 »

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