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
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
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
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.
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.
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
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
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
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
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.
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
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.
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
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
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
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
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.