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My late brother's children sent me a letter asking for their fair share of the estate. Do I need permission from them to sell my parent's house if I am the only remaining member of our immediate family, as my mom passed last year, and my brother in 2013?
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answered on Nov 5, 2024
You will have to follow your dad's will, and probate it. Presuming he had a will. If he had no will, then the laws of intestacy of your state will govern who gets what. You will not be able to use the POA to sell the house, a POA "dies" when the person granting it died. You will have... View More 
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answered on Oct 14, 2024
That depends? Is there a will? If so what does it say? If there is no will, it depends on where you live and what the law of intestacy dictates in your law. The fact that you stated "only living child" might imply that there are other children that predeceased, it might also mean there... View More
I have half custody of my child, everything is split in half including medical decisions. Can I have my child placed in an institution for a 72 hour hold during my time with him without bio-dad having any legal rights to pull him out since it would be during my week with him?My child is Autistic,... View More
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answered on Sep 18, 2024
Your custody / visitation order should tell you who has the rights to make these types of medical decisions, and whether or not the other parents must agree to it.
If you are not sure if your order has this information in it, contact your family law attorney for guidance. If need be, file a... View More
I wish to avoid probate and protect new Texas residence and retirement IRA accounts from Medicaid spenddown requirements.
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answered on Sep 18, 2024
You can hire a Texas attorney to do a restatement of your trust, it will allow you to update it to texas law. However a living trust is not the correct vehicle for medicaid reimbursement protection. You should talk to an estate planning attorney that focuses on planning for medicaid (elder law... View More
I would like to keep amenity and privacy while protecting assets from creditors before a problem arises.
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answered on Sep 18, 2024
Technically you could. But if the trust is not funded (no assets are in the trust), than it has no additional value. I think it would be best for you to talk to an estate planning attorney and discuss the assets that you do have, and how you can protect them. Trusts are great, but they might not do... View More
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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
My dad was involved in a Roundup lawsuite that close to payout now, but the attorney handling his case will not accept an affidavit of heirship and and has told us they have to have sufficient proof of authority under Texas state law establishing her ability to settle my dad’s case on behalf all... View More
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answered on Nov 8, 2024
You have to go to court and get a probate administration started. The lawsuit needs someone to be able to sign on behalf of the estate, that will only work if there is a court appointed administrator or executor.
I heard about this type of trust from a friend and want to get some information about it.
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answered on Sep 18, 2024
A ministry trust is a special kind of trust set up to give financial support to religious or faith-based groups, like churches or ministries. It’s a way for someone to make sure their money helps these organizations, even after they’ve passed away. Here’s how it works:
Supporting... View More
Modification of custody
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answered on Sep 18, 2024
IF your visitation/custody order does not regulate passports, you can petition the court to get authority to obtain or renew the child's passport without consent of the other parent. There are conditions to this, and you will have to show necessity, but it can be done.
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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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