Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Gratia "Grace" P. Schoemakers
2 Answers | Asked in Employment Law, Contracts and Estate Planning for Texas on
Q: When writing to companies about late husbands benefits can this just be ignored?

I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More

Gratia "Grace" P. Schoemakers
PREMIUM
Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024

Without knowing the situation, it is possible the accounts had a Beneficiary designation on there that was NOT you.

If the money went to someone else, you have no right to know about this, as you are not the beneficiary.

If the accounts had no beneficiary, then you should go through...
View More

View More Answers

1 Answer | Asked in Estate Planning for Texas on
Q: Do I need to set up a separate bank account for a living revokable trust?

I'm setting up a living revokable trust for me and my sister - we are grantors and will be trustees (beneficiary will be a relative upon our death). The only assets funding the trust are 2 real properties (no mortgage/liens) and a few mineral rights (100% owned). Currently, 2 of the minerals... View More

Gratia "Grace" P. Schoemakers
PREMIUM
Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024

It is unclear what you mean with "separate account." For a trust to be property funded (i.e. all assets are moved into the trust name), a trust will need to have a bank account in the trust name.

So presuming you mean "separate account" from your "personal...
View More

1 Answer | Asked in Family Law for Texas on
Q: Hello,My 16 year old daughter has recently given birth to a beautiful baby boy.

I was told by my HR department at work that I need to get a court order establishing me as a legal guardian to get the child added to my insurance. What is the process for filing an application for guardianship in Randall County Texas? Is an attorney necessary? Any idea what the costs are for this... View More

Gratia "Grace" P. Schoemakers
PREMIUM
Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

This is a family law process. You will need to prove that you have been taking care of the child for more than 6 months, (to give you standing), and then you need to sue your own child and the other parent of the child to get a court to agree that you would be a better full time parent that the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Can a temporary administrator sell community property before separate property to pay deceased person debts?
Gratia "Grace" P. Schoemakers
PREMIUM
Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

It depends on what the order says. A Temporary Administrator is a very limited appointment, the order that appoints them will say exactly what they can do. If it is not listed they can not do it.

If you have questions as to what the order means, or you believe that the order was given...
View More

2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Gratia "Grace" P. Schoemakers
PREMIUM
Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

In Texas, property acquired during a marriage is typically considered community property and is subject to division upon divorce. However, there are exceptions to this general rule, particularly concerning inheritance.

If one spouse receives an inheritance, those funds are generally...
View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Gratia "Grace" P. Schoemakers
PREMIUM
Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

To determine if a decedent has a will, there are several steps you can take. These steps combine legal procedures with practical measures to ensure a thorough search.

Check Personal Papers: Often, individuals keep important documents, including their will, in a safe place at home. This...
View More

View More Answers

1 Answer | Asked in Estate Planning for Texas on
Q: I am looking to set up a living trust as POA. How would I sign document on behalf of Grantor and/or Trustee?

The Power Of Attorney document specifically grants the right to create an inter vivos trust on behalf of the principle.

Gratia "Grace" P. Schoemakers
PREMIUM
Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

Take the POA to any estate planning attorney near you, they will tell you what you can or can not do. They can help you draft the trust if it falls within the power of the POA.

2 Answers | Asked in Family Law and Probate for Texas on
Q: My late husband's daughter put marital status unknown in death certificate when she knew he was .what do I do

I have marriage license etc I talked to funeral director he was no help

Gratia "Grace" P. Schoemakers
PREMIUM
Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

If information is erroneous on a death certificate, the only person who can request a change is the person who provided the information (to the funeral home).

View More Answers

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.