Is the heir's attorney required to file a motion in order to get the appointment of the Ad Litem, or does the judge automatically appoint one? There was no will in place.
answered on May 17, 2023
Yes, in Texas, if you die without a Will, an Attorney Ad Litem (AAL) is required to be appointed by the Judge. The AAL's job is to represent any unknown or incapacitated heirs. The AAL will research the decedent's personal and family history and speak with family and at least 2... View More 
Will states that assets be divided equally 3 ways. I am one of the three. They were not listed on that account, just I am. Mother has passed away as well as father. Father preceding her death.
answered on Oct 29, 2021
As a POD beneficiary, you are only required to share those specific funds with any other named POD on that account. If you are the only POD beneficiary, then you are not required to share those funds with anyone else because that account passes outside of the Will to the named beneficiary(ies) on... View More
answered on Sep 10, 2021
Generally, a Will needs to be probated within four years of the Decedent's death. Until a Will is probated, the named executor in the Will has no powers to administer the estate. The named executor must first qualify to serve as the executor and be appointed as the executor by the Judge. A... View More
answered on Jun 3, 2021
Briefely:
An Affidavit of Heirship is used when there is no Will, filled out/completed by two disinterested witnesses, and then the affidavit is filed with the real property clerk. The affidavits are used to transfer property to the rightful heirs after the owner's death.
An... 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
It sounds like an attorney is going to be needed. It's unfortunate when siblings are at odds with each other, but it happens. The one named as the executor should start with hiring an attorney. The probate attorney can help direct the process in the right direction.
answered on Dec 29, 2020
I am not sure what you are asking, but, if you are asking if an attorney can be designated as an executor under a Will, the answer is yes, but you would want to ask that attorney first if he/she would agree to serve as the executor. Furthermore, you would always want to have an alternate executor... View More
answered on Dec 28, 2020
Has there been an extension granted? If not, under the Texas Estates Code, any person interested in the estate can ask the Court to to cite the personal representative and the Court could possibly fine the personal representative up to $1,000.00, unless the personal representative can show the... View More
His brother said he was left everything. Shouldn't i have more rights than him ?
answered on Nov 19, 2020
It depends if your spouse had a valid Will. If he did not, his estate would pass through the intestacy laws of Texas, and that doesn't necessarily mean the surviving spouse would get everything. The type of property (community or separate and real or personal) would dictate who inherits.... View More
The will appoints my sister as executor. The deed is in my mother and father's name,both are deceased. All taxes and bills on the home are paid and current. Can we file for probate?
answered on Jun 25, 2020
Yes, you can file the Will for probate but there may be other probate options available to you, depending on any other property or assets that need transferred. I would recommend consulting with a probate attorney in your area to discuss the options available for you.
My dad passed away a couple of years ago she contacted me yesterday to sign a paper to relinquish my rights to his estate. The will has not been probated I asked to see a copy of the will and a suicide note and she has not replied what are my rights and can I represent myself put a complaint in... View More
answered on Jun 25, 2020
I would definitely not recommend signing anything until you speak with a probate attorney. Most probate attorneys will offer free 30 minute or 1 hour consultations. You don't want to sign anything until you know exactly what you may be entitled to and potentially relinquishing your rights to.
answered on Jun 4, 2020
It depends.
A joint bank account with no rights of survivorship is an estate asset. Some type of probate proceeding will need to be done in order to get access to those funds.
If the bank account has a joint owner with rights of survivorship then the account will not be an... View More
Dad recently passed without a will, my parents bought land in the 80s together but divorced in the 90s. My mother signed over her part of the land to my dad so he owned it soley. 5 years later they remarried, is the land considered his personal property since he came into the marriage the second... View More
answered on May 4, 2020
At the time of your dad's death, he owned the real property as his separate property. Your mom would have a life estate, meaning she could live there for her lifetime. Please contact a Texas probate attorney to discuss the details of what a life estate means and the probate process.
He owned property n Galveston I live n Fla his sister is already stealing his belongings I fear she will steal the home by forging deeds / documents
answered on May 4, 2020
You need to find a probate attorney in the county where he lived at the time of his death, and it sounds like the sooner the better. If there was a Will it needs to be probated and the named executor will receive Letters Testamentary. If there is not a Will then you need to file for an... View More
the money. The home we live in I purchased, my name only is on the title, deed, mortgage, insurance, bills, everything. My name only is on my bank account. His name is on his bank account only. We file taxes as single people. I do not go by his last name. We live as single people, but together.... View More
answered on May 4, 2020
In order to be common law married in Texas you must meet 3 requirements: cohabitate, hold each other out as husband and wife, and agree to be married. You could always sign an agreement stating that you are not common law spouses, having it witnessed and notarized. Your fact pattern is a... View More
answered on May 4, 2020
Since there is no will, a small estate affidavit may be an option, but there are strict requirements that must be met in order to file this. The other option is filing for Letters of Administration with Determination of Heirship. Since there was no Will the Court must establish who the legal... View More
answered on May 4, 2020
Texas does allow for a holographic Will. A holographic Will allows for the Will to be written "wholly in the testator's handwriting" and is not required to be attested by subscribing witnesses, but must be signed by the testator. Texas Estates Code Section 251.052. If you have a... View More
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