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... View More

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."

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.

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... View More

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,... View More

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... View More

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.

You'll definitely want to speak with an attorney in the area who handles guardianship cases. In addition to (or instead of) guardianship over your wife, you may want to look at getting a document from the guardianship judge naming you as "community administrator". Many attorneys... View More

It definitely matters. With blended families, I recommend a trust. Here's the reason why:

Let's say you have a will that gives everything to the surviving spouse upon your death. The issue is that the surviving spouse can change his will to give assets only to his kids at his... View More

I agree with the earlier two answers. You're definitely going to want to talk with an attorney who routinely handles estate and probate law. If your husband died with a will, you'll be pleasantly surprised at how inexpensive and fast the process is with a good probate attorney. Even... View More

It really depends. Was there a beneficiary designation? If this POA person was listed as the beneficiary, then legally the CDs probably belong to that person. You may have a claim if your father instructed the POA person to change the beneficiary and the POA person didn't help make the... View More

Probate does not cost $10k. Typical cost is more like $2k-$3k, at least with our office. You can talk with a probate attorney. Probate is done in the county in which the decedent resided at death. If he died in Hawkins, you could probably get a probate attorney in the Dallas area to handle the... View More

If she hasn't filed the will for probate, then YOU can. You'll want to get a Texas probate attorney to help you. There is a process for this sort of thing, and an attorney focusing on probate law will definitely know what to do. You should have a consultation with a probate attorney so... View More

If a will is filed for probate, it is actually public record. You can look at the probate court's website to see if a probate has been filed. If so, the county clerk can send you a copy of the will. Of course, the easiest thing to do is to have a consultation with your own probate attorney.... View More

You should definitely meet with a probate lawyer. You will want some sort of official legal documentation to show that you now hold title to your mother's portion of the property. Plus, you want an attorney to make sure you're getting your fair share. Contact a probate attorney to see... View More

Yes. If she has no spouse and no will, then everything goes to her descendants. That would include her living children and also the children of any deceased child.

There could be a court date any time after the ""First Monday after expiration of Ten days from the date of service of this citation". However, the judge can't appoint an independent administrator without your consent.

Whether or not you should consent is totally up... View More

In ordinary times, yes. However, if the particular court is still doing Zoom hearings due to Covid, then the executor does not need to participate in the hearing in-person. Check with a probate attorney to see how this particular court is operating.

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... View More

If the properties are sold to a third-party, then there would not be real estate to distribute. Are you asking how the money from the sale of the real estate gets transferred to the heirs?

If yes, then the answer is: after the sale, the proceeds are put into an estate account. Then, any... View More