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 »
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?
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.
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 »
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 »
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 »
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?
I am filing to be Executor and received a huge bill from criminal attorney (hired in error by my nephew to help with probate). Most charges are after my nephew's death and no contract. Doesn't the lawyer's obligation terminate upon client's death?
You are required to have an attorney to probate the will and to become the executor. Your probate attorney should be able to easily help you with this. The probate attorney will probably advise you to send the criminal attorney a "permissive creditor notice." Then, even if the criminal...Read more »
YES! You should have at least a basic will. In all wills we prepare at our law office, we put in a little clause about marital status. This one sentence could save your heirs lots of expense and hassle. You should also consider a cohabitation agreement. Also, I notice you're in PA....Read more »
I agree with the prior answers. The short answer to your question is "YES," you can do this without estate tax. However, it wouldn't be automatic. You definitely need an estate planning attorney in your area to get this drawn up correctly. Doing so could literally save millions of dollars.
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.