Get free answers to your legal questions from lawyers in your area.
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... View More 
answered on Jul 17, 2021
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.
This cousin was probably... View More
answered on Jul 1, 2021
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... View 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... View More
answered on Jun 29, 2021
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... View More
Texas - Dad died no will and house only in his name. Mom dies and made will leaving 25% son, 25% daughter and 50% divided 3 grandchildren. Can son file for % heirship since dad had no will?
answered on Jun 15, 2021
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... View 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... View More
answered on Jun 14, 2021
It's definitely worth having free (or inexpensive) consultation with a probate attorney. I'd recommend trying to schedule a meeting with an attorney that focuses on probate and estate planning law.
You would be an heir to your grandmother's estate, so it's important... View 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... View More
answered on Jun 11, 2021
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... View 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?
answered on Apr 16, 2021
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... View 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... View More
answered on Apr 12, 2021
I agree with the previous answer. I would recommend that you consult with a local probate attorney.
The life insurance companies typically don't pay out to the wrong person. They're pretty cautious. So, if they paid it to you, you were probably legally entitled to it. However,... View More
My father is the administrator of the estate. As an air do I have the right to see all the documents that have to do with the state and bills being paid
answered on Apr 11, 2021
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... View More
I have a document but I cannot figure out how to paste it here. 5hat is the best I could come up with so y'all could view it
https://photos.app.goo.gl/h3rHvB1Lj8b8Vin99
answered on Mar 30, 2021
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... View More
answered on Mar 11, 2021
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... View More
eldest owes estate 400K. Eldest also lives in fathers home (paid for). Eldest is stalling so they do not have to pay and can live indefinitely in house. do we need a lawyer?
answered on Feb 26, 2021
Yes. A person is not officially the executor until the will has been probated by the Probate Court (and the judge officially appoints the executor). You are required to have an attorney with this.
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... View More
answered on Feb 25, 2021
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... View 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... View More
answered on Feb 11, 2021
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... View More
I get 50% of the house but I don't know what else is listed in the trust. Does the will take precedence over the trust or do we go by whatever is in the trust?
answered on Jan 22, 2021
You'll definitely want to consult a probate attorney for help with this, particularly one with experience with will contests and estate disputes.
The short answer to your question is that it depends on whether the house was deeded into the trust prior to death. If yes, then the trust... View 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?
answered on Jan 20, 2021
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... View More
answered on Jan 14, 2021
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.
answered on Dec 28, 2020
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... View 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?
answered on Dec 28, 2020
It may or may not be a scam. If it's NOT a scam, it's probably a company that will collect a hefty contingency fee for assisting you. You would be better off with hiring your own probate lawyer.
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.
