You should definitely have a probate/guardianship lawyer file on your behalf. The temporary guardian should have turned the money over and should have accounted for how every dime was used.

It depends on the order of the deaths. If the son died before grandma, then you have to look at the alternate beneficiaries listed in grandma's will. If son died after grandma, then the son's share would probably go through the son's estate (ie, son's share would flow through the son's will).

You would probably be okay to cash the check. However, it is definitely better to have a consultation with a probate attorney. Many offer free or low-cost consultation meetings. When you meet with the attorney, bring the actual check you received in addition to all the paperwork you have... View More

I agree with the earlier answers. Meet with a probate attorney in the Dallas area ASAP. Many offer free or low-cost consultation meetings. We can actually look at the probate court records to see if maybe your uncle has filed something and you just didn't know. The fact that your uncle is... View More

Your step dad may be right, but probably not. We would really need to see your mother's will or trust to see if there's any legal reason at all that you wouldn't get your inheritance right away.

If your mother had no will, then you should get your inheritance right away.... View More

As long as the mortgage payments are current, there should not be a problem. The biggest thing for them is simply that they get their money. If your mother can't afford to make the payments, then you'll either need to help her refinance the mortgage or sell the property.

First of all, I'm sorry you're in this position. My heart always goes out to people assisting a parent with memory or other cognitive problems. It is very tough.

I recommend calling Adult Protective Services ("APS") and the Department of Aging and Disability Services... View More

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

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.

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... View More

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... View More

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.

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... View More

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... View More

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

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.

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.

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... View More

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... View More

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.