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answered on Sep 11, 2024
Presuming the house is a community asset, the husband can assign HIS share of the community property to whomever he wants. This will not impact the wife's share of community property. Same situation is valid for the wife.
So if the husband gifts his share to the wife, and the house is... View More 
Dad died. Stepmother put will thru probate . Told court judge she is ONLY heir of my dad. Then she draws up an estate settlement & distribution papers wanting us kids from previous marriage to sign giving us nothing & us signing over all separate property and two houses to her to do w as... View More
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answered on Aug 29, 2024
Not necessarily. In most cases when there is a trust, the will is a pour over will leaving everything to the trust. However, the only way to find out is to see what the will says. Once a will is being probated, they are part of the public records of the probate court in the county where probate is... View More
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answered on Aug 27, 2024
If a person contests an affidavit of heirship filed on a house in Texas, the following steps and potential outcomes may occur:
Initiation of a Legal Dispute: Contesting an affidavit of heirship typically leads to a legal dispute. The person contesting (the "contestant") must file... View More
I live in Texas
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answered on Jun 19, 2024
Making a Will or a trust with your wife as only person to inherit would be a good start. Then like my colleague say, ensuring that your beneficiary designations are up to date, as well as any POD designations on accounts, and if applicable transfer on death designations on your home and... View More
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
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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
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
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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
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
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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
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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
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.
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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
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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
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answered on Sep 10, 2024
The lawyer handling the probate matter should be able to draft this for you. If you do not want to contact them, look at the Texas Estate Code, to see what elements are required for the waiver. Texas does not mandate the use of a specific form. As long as all elements are represented the waiver... View More
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answered on Sep 10, 2024
I am going to presume you want to look up a probate matter. The best way to do this is to go to the probate or county court records of the county where Decedent resided at the time of their death, and start looking in those records. Most counties in Texas have their records online, some counties do... View More
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answered on Sep 10, 2024
You should contact a Probate lawyer who works in Dallas County. They can draft the Application for you, as well as all the other documents you need in such a probate matter.
I have copies of checks, Facebook messages, a copy of the estate showing that 5 people conspired to ensure the estate did not go to who it was supposed to. There 4 are a lot of factors in this case and I have been dealing with it for 4 years.
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answered on Sep 10, 2024
I would recommend you start looking for a lawyer in the county where the probate case is pending (or the county where Decedent had his/her residence at time of death). A lot of your question (if there is one), depends on whether there is a will, maybe a trust, or just nothing at all. The second... View More
The Power Of Attorney document specifically grants the right to create an inter vivos trust on behalf of the principle.
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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.
I have marriage license etc I talked to funeral director he was no help
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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).
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