hello i need to know what my next move needs to be my mother passed 4 years ago and the property is in the estate of kathy but in c/o michael denson (myself) and my wife that i have been seperated with for 10 years is thretning to take my property my mother left a written will that is no where to... Read more »
answered on Apr 30, 2023
It sounds like the Central Appraisal District ("CAD") lists the Estate as the owner. If your mother's will wasn't probated, schedule a meeting with a probate attorney. Even if you can't find the original of your mom's will, you still need to meet with a probate... Read more »
I am 36(f) with two children under the age of 18. My assets are worth about 700k. My kids father and I do not have any sort of relationship. If something happens to me before my kids turn 18 my ex there father will have access to everything. My question is this: to avoid my ex getting his hands on... Read more »
answered on Mar 26, 2023
Yes, you should definitely get a will and NO you should definitely not get married for the reasons you mention. You should get an attorney prepared by an experienced estate planning attorney. Yes, it will cost a bit of money. However, those it would be SO worth it to have a Will done by a really... Read more »
I filed an Application to Appoint Dependent Administrator. The attorney said that since I was not his heir, I could not do it so we filed a nonsuit. The case was dismissed without prejudice but the case still shows as open. Can his child file an Application now that the child is an adult... Read more »
answered on Mar 21, 2023
YES, the child can definitely file an application for administration. However, now that the child is an adult, there are better options. For one, depending on what assets there are, there may not be a need for an administration. He may just need a "determination of heirship" only. If... Read more »
My own attorney was trying to force me or in her words " strongly recommended" that I sign a very one sided document with TAMU. I refused and at the hearing she let opposing counsel slander and lie to the judge with no objections. I was not included on the Zoom hearing or I would have... Read more »
answered on Mar 6, 2023
I'm sorry you're going through this. This sounds like a nightmare.
Anyway, to answer your question, the HOA fees issue should be specified in the document granting the life estate. So, the deed or trust granting the life estate should specify who is responsible for all of the... Read more »
We are trying to sell a home and the home was passed to my family member through a will, but the will was not probated so we will need Heirship Affidavits for everyone, and if we have the will probated, we shouldn't have to go through the Heirship Affidavit process. This is what the title... Read more »
answered on Feb 14, 2023
The affidavit of heirship would actually probably be cheaper and faster.
So, you COULD probate the will, but it would cost thousands and take months.
I would probate the will if the people who would inherit under the will differ from the people who would inherit without a will.
My mother had land given to her by her parents with the deed in her name. She was given this this land before she married my stepfather. She lived on property with my stepfather who still lives there, which is fine. I just want to make sure we get done what need be as far as deed transfer and also... Read more »
answered on Feb 7, 2023
You should definitely meet with a lawyer with probate experience. Since your mother received the property by inheritance, it is considered separate property. However, the legal presumption is that all property acquired during a marriage is community property. This distinction impacts the shares... Read more »
My mothers will made my step father the executor and then it was to be split equally between me and my step sister. After she died he changed the will without my knowledge and totally left me out giving it all to my step sister...not honoring her wishes
answered on Jan 31, 2023
Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your... Read more »
My father in law passed away 2 years ago. The executor of his estate never filed the will into probate. The only assets left by him were a car and house. Car was repossessed and the house sold in foreclosure auction and there are excess funds. Is there any reason at this point to bother with... Read more »
answered on Jan 3, 2023
You're still within the four-year timeline for probate, so if there excess funds, I would absolutely probate. Even though probate requires an attorney in most cases, most of our probate clients expect the cost to be much higher than they actually are. The Texas probate process is relatively... Read more »
answered on Dec 1, 2022
If your mother had a Will, then that will goes through probate court. You'll want to have a probate attorney help you, and it may even actually be required. Anyway, find a probate attorney that focuses on probate law in your area, because they tend to do the best job for the best prices.
My husbands will leaves all property to me. Excluding our home, his estate was less than $5000. He has children from a prior marriage. I am dying of cancer and want to leave the house to my son. Are his children entitled to his half of our home even though his wil leaves it to me and specifically... Read more »
answered on Nov 7, 2022
Yes, you can probate as a "muniment of title". Our law office actually does this pretty frequently.
So, while there is a 4-year limitation on probating a will, there is an exception if you are "not in default" for failing to probate within 4 years. Basically, you... Read more »
How would you find out where a trust is at?
answered on Sep 24, 2022
An attorney could help you by looking in the real estate records. Some estate planning attorneys file trusts there. Also, if you can remember who the estate planning attorney was, you can contact the attorney for a copy.
If neither of those work, our law in Texas states that the... Read more »
answered on Sep 4, 2022
It really depends on what the original trust document states. So, the answer is: "It depends". Start by looking at the trust declaration for how to amend the trust declaration. This is usually in a paragraph labeled "Revocability."
For this debt. Now a piece of property owned by his family for 100 years is being sold and the small proceeds divided among cousins. Do I have to worry about the credit card companies going after the sale money? I'm in Texas.
answered on Aug 25, 2022
The statute of limitations on most debt is four years max. So, you should be good-to-go. Plus, you may not even be filing anything in court, which means there may be no public record. In other words, it could be tough for a creditor to even know about these funds.
Have new income from 1 of properties in trust. Can't open trust account to deposit $ without trust document.
answered on Aug 6, 2022
Do you at least have a copy of the trust document?
If not, it's still okay. In Texas, we have lots of Trust Code that lays out what happens in situations like this. This Code lays out who inherits from a trust in the absence of a written trust document.
If your bank is easy... Read more »
portion? Father's will says: DEFINITION OF SURVIVAL =Any legatee, devisee, donee, person or beneficiary with respect to all or any part of my estate who shall not survive until ninety (90) days after the date of my death, or until this Will is probated, whichever occurs earlier, shall be... Read more »
answered on Jul 23, 2022
Yes. Since the beneficiary lived more than 90 days, the estate of the deceased beneficiary will receive the inheritance. You should definitely consult with a probate attorney in the area. I say this because whomever is handling the probate of the father's estate may not understand the law,... Read more »
I am from fort worth, and the unclaimed assets are there. However I am currently in tulsa Oklahoma
answered on Jun 13, 2022
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.
If it's other... Read more »
I am in the San Antonio area and the estimated time for the house to close is May 2023. Is this something you can assist with? If so, what is the estimated cost?
answered on Apr 6, 2023
You should definitely schedule a consult meeting with an estate planning attorney to a trust prepared. They can help you by setting up the trust documents prior to the closing of the home, then the title company could deed the property directly into your new trust.
My mother passed. There was no will. My two brothers have also passed. One brother was not married but had two children. The other brother was married with no children. Is my brothers wife entitled to one third of my moms estate? I am in Texas.
answered on Mar 10, 2023
Nope, she is not. The brother's wife is not an heir of your mother. I think the correct heirs would be:
1) You (1/2)
2) Children of deceased brother (1/4 each)
Find a probate attorney in your area to help you. You'll probably be doing a "Determination of Heirship."
She lived on property with my step father and I understand he is homestead there as long as he wishes which is not a problem. I am just concerned about him possibly giving his portion to his children. My understanding is that anything acquired even during a marriage as gift or I heritance is... Read more »
answered on Feb 8, 2023
Yes, your understanding of those things is correct. I think you are right to be concerned, so you should absolutely reach out to a probate lawyer soon.
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?
answered on May 10, 2022
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.
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