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Questions Answered by Nancy Hui
1 Answer | Asked in Probate for Texas on
Q: My cousin has $ 461.00 in Bank of America . She died in Indonesia..I am the executor and want to send this to Indonesia.

Her sister is the beneficiary in her will. Bank of America insists I go thru probate. The costs will exceed $ 461.00! What to do?

Nancy Hui
Nancy Hui answered on Apr 9, 2015

You said you are an executor so there has to be a will. Where this $461 goes will depend on what the will says. Not "you want to send this to Indonesia". The fact that she died im Indonesia also complicates the situation. there are other factors to consider if probate should be done in the U.S. or... Read more »

1 Answer | Asked in Probate for Texas on
Q: MY father passed away 7 yrs ago I did probate the will, my mother still lives but living in a nursing home. The house

A Nursing home facility.Home is paid off and I was appointed Executor, house taxes are being paid by me daughter,and name left under mothers name. when she passes do I get the house, I am living in it since shes been gone. I am 56 and disabled, do i need to transfer name to me? Mother does not have... Read more »

Nancy Hui
Nancy Hui answered on Apr 5, 2015

therr are not enough details of your case for a full analysis. For example, what does the power of attorney cover. Is your mother mentally competent now. Who are the owners of the house. Who are the heirs of your mother. What other assets does your mother have. Is she getting any medicaid... Read more »

1 Answer | Asked in Probate for Texas on
Q: Mom dies with no will. What happens if no one probates?
Nancy Hui
Nancy Hui answered on Apr 5, 2015

I Supposed what you were asking is what will happen to her assets if her estate is not probated. If that is the case, it means that none of her assets can change hand. If she owns a house, the house will stay in the name of her estate. Same thing for money in her bank accounts, investment accounts... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: Will or trust

My real father died and we were told he left everything to his friend but he will not show us a will stepmother has passed a way years ago and there are three of us girls can we fight this or just let it go

Nancy Hui
Nancy Hui answered on Mar 31, 2015

If there is a will and your father really left everything to his friend, then his friend will have to have the will probated in order to get the assets. All files in a probate case, including the will, become public records. You can then go to the court house to ask for a copy of the will. Note... Read more »

1 Answer | Asked in Probate for Texas on
Q: Texas. My sister and I are both listed as beneficiaries on the will. However, on my mother's Merill Lynch account, onl

Texas. My sister and I are both listed as beneficiaries on the will. However, on my mother's Merill Lynch account, only my sister is listed as the beneficiary. Will she have exclusive rights to the Merill Lynch account?

Nancy Hui
Nancy Hui answered on Mar 17, 2015

Yes, the funds in the merrill lynch account will go to your sister solely. It does not matter that the will says. This is because accounts like that are considered non probate assets, meaning that they are not governed by the will.

1 Answer | Asked in Probate for Texas on
Q: my grandmother passed away in the early 90"s.There is no will. what happens to her property?

My grandparents have a property and never made a living will.They had 7 kids. My mom is the sole survivor of all 7. She is incare/of her property. Can she become the owner of the property? There are22 living nephews and nieces! What becomes of that?

Nancy Hui
Nancy Hui answered on Mar 17, 2015

If there is no will, then her assets will pass down to her heirs according to the intestacy laws in Texas. That means the law will determine who are the heirs to her properties. Based on what you described, the nieces and nephews, together with your mother, will have a share to the house. They may... Read more »

1 Answer | Asked in Civil Rights for Texas on
Q: I received a citation to give my brother a application for letters of administration. What do I need to give him?
Nancy Hui
Nancy Hui answered on Mar 7, 2015

Nothing, unless you want to object. It is just a notice to you that he is applying as an administration of the estate.

1 Answer | Asked in Real Estate Law for Texas on
Q: My husband died and did not leave a will. Question is we was married for 5 years. He had a mortgage before we were

married, and paid the house off while we were married. Is it considered community property since he paid the mortgage off while we were married?

Nancy Hui
Nancy Hui answered on Mar 7, 2015

Based on what you described, the house is a separate property since it was bought before marriage. The fact that community fund was used to pay off the mortgage does not give rise to converting it into community property. However, you, as a surviving spouse, may have a claim to his estate for your... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: If property (house) is willed to my Mother, will it still be subject to probate court.
Nancy Hui
Nancy Hui answered on Mar 5, 2015

A simple answer is yes because before anything can be passed down according to the instructions in the will, the will has to be admitted by the probate court judge. Meaning that the judge has to say that yes, this will is valid. That's why before any one can follow the instructions in the will, it... Read more »

1 Answer | Asked in Probate for Texas on
Q: my dad died and I don't know if he had a will or not what do I do
Nancy Hui
Nancy Hui answered on Mar 5, 2015

First, try looking everything for this will. Places where he put his important documents. Does he have a safety deposit box? Look at his bank statement. Was there an item for safety deposit box fee? Did he ever write any checks for legal fee? This may be a hint he had met with an estate planning... Read more »

1 Answer | Asked in Probate for Texas on
Q: My parents are deceased and have property and other access valued at approximatly 70K, do I need to probate their will?
Nancy Hui
Nancy Hui answered on Feb 18, 2015

That depends on what those assets are and how they are titled. For example, if the asset is $70k in a joint account with right of survivalship, then the money will pass automatically to the surviving account holder. There is no need to probate the will. But if the account is solely in your father's... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: The house I live in is in an estate, can I have the title transferred into my name . I have paid the taxes for 14 years
Nancy Hui
Nancy Hui answered on Feb 18, 2015

I assume you mean the title is in the estate of a deceased. In that case, title of the house can only be transferred to the heir of the estate. Is there a will? If there is one, then you need to look at the will and see to whom the deceased gave the house to. If there is no will, then someone will... Read more »

1 Answer | Asked in Probate for Texas on
Q: What criteria does a probate judge use when choosing an admin. from two brothers named as co-executors?w/o lawyer

My concern is the process the Judge will use in determining the administrator when my brother and I are named as co-executors and we will not be represented by a lawyer. This hearing will be in Harris County, Texas.

Thank you.

Nancy Hui
Nancy Hui answered on Feb 18, 2015

Seems like you get the terms confused. First, if you and your brother are designated as co-exectuors, then there must be a will. The will has to be probated (meaning presented to the court) in order for this appointment of Executor to happen. It is not something that someone can do without an... Read more »

1 Answer | Asked in Probate for Texas on
Q: My father died recently in 1994 he and I went to a lawyer and signed a will leaving a majority of his property and money

to me. Now my brother and sister in law say he wrote another will leaving everything to them. I do not have a copy of the original will but they have moved into his house and are spending his money, how do I get any of my inheritance?

Nancy Hui
Nancy Hui answered on Feb 18, 2015

You will need to have a probate attorney to help you figure out who is the proper heir to your father's estate. If there are two wills, then the will dated on a later date controls, provided the later dated will was properly executed. It will be hard for a lay person to tell if a will was properly... Read more »

1 Answer | Asked in Probate for Texas on
Q: If my father died w/o a valid will, can my sister be declared the administrator because she applied for the application

and can she sell the house w/o my approval or knowledge?

Nancy Hui
Nancy Hui answered on Feb 16, 2015

If the court finds that she is appropriate to be the administrator then yes, she can be appointed as such. However, if there is reason that she should not be appointed, you need to file an objection so the court will know. Once she is appointed as an administrator, she may begin administration of... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I purchased a house when I was single. I am now married and my spouse is not and has never been a resident of tx. Can I

Can I sell the house without his consent

Nancy Hui
Nancy Hui answered on Feb 10, 2015

The fact that your spouse is not a TX resident has no bearing to the answer. the fact thar you bought the house while you were single means it is your separate prioerty. Your spouse therefore has no say in selling the house. However, if you have used community fund to pay for another related to the... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: My sister has a durable power of attorney; however, my elderly mother who suffers from dementia, lives with me. I want

her to continue to stay with me, but I don't trust my sisters. What can I do? All doctors say she is thriving and doing well plus my mom says that she wants to stay with my family. Please advise.

Nancy Hui
Nancy Hui answered on Feb 10, 2015

Apply for guardianship and ask court to appoint you as guardian.

1 Answer | Asked in Probate for Texas on
Q: what happens when an executor keeps creditor accounts open beyond death for personal use?

my father is the executor of my grandmother's estate. she died 3/19/2012. I recently discovered that he's kept her credit card accounts open and her cell phone account (all in her name) and is using them for himself.

Nancy Hui
Nancy Hui answered on Feb 10, 2015

You can ask for an accounting of the estate and if he is found breaching his fiduciary duty, he can be liable for the damage he has caused to the estate and be removed as an executor.you should speak to an attorney to discuss further.

1 Answer | Asked in Probate for Texas on
Q: Joint ownership of man and wife purchased in 2006.Both weredivorced w / children. Wife passes.What family hasto probate?

Property in TEXAS

Nancy Hui
Nancy Hui answered on Feb 10, 2015

Your question is very unclear. Please repost and explain what you are looking for.

1 Answer | Asked in Probate for Texas on
Q: i have a probate question

My mother just passed away in Texas where she lived. She had a living trust but the house was not in the trust. The trust was originally done in Missouri. What needs to be done in order to sell the house?

Nancy Hui
Nancy Hui answered on Feb 10, 2015

That depends on whether there is a will, whether it was her homestead, who the title owners of the house was, what type of deed the house is under and so many other factors. It is hard to say what's the best way to approach it without knowing further. You should sit down with a probate attorney to... Read more »

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