That depends on whether your father died with a will, and if he did then it depends on what the will says. Other factors such as whether there is a lien on the car, who is the legal owner of the car, and whether you are his only heir will also affect your interest to the car. Your best bet is to... View More

Just living in the house or paying taxes does not give you the right to ownership of the house. If the house is in your mother's name, you will likely have to go through probate to get her property passed down to her heirs. It may be you, or it may not be your. At least not entirely. You need... View More

Only if that attorney is also licensed in Mississippi

Not if the person is a convicted felon. Does not matter if no one contests the will or not. TX Estates Code 304.003(2)

It sounded like she has a life tenancy. In texas, life tenant is responsible for property taxes. If she does not pay, the remainderman (your brother) may sue her for reimbursement. You should contact an attorney to help you come up with a plan on how to approach it.

Yes it is. But the entire will has to be handwritten by the teststor. Nothing typed.

Many courts view probating a will is practice of law. That means only an attorney may for an application to probate a will.

There are important facts that you didn't disclose. What type of debt is the creditor coming after? Is it secured or unsecured? If secured, was it secured by the real property? How long ago was the debt accrued? Depending on the answer the approach may be different. Your best bet is to discuss... View More

What you are describing is called ancillary probate. Basically it is an abbreviated probate process based on a previously done full probate (in TX). You should post the question in the mississippi board because it has to be done in Mississippi using the local laws. Hopefully attorneys who are... View More

Yes. Contact the county clerk's office of the court where the will was admitted to probate.

What you described is that your mother In law has the life estate and your husband has the remainderman interest. You have to see how the deed is written. It may say who is the successor remainderman if your husband does not survive her. But regardless, you do not have the authority to deed it back... View More

I don't see a question here. You may want to discuss your situation with a probate attorney regarding the request from your niece and the real property.

If the court accepted the will, he/she will sign an order admitting the will into probate as muniment of title. The order will be signed by the judge. The court will then take the original will and keep it in file. You may order "certified copies" of the order and the will for your record.

No. Power of attorney is in effect only while the principal is alive. Once the principal dies, Power of attorney automatically terminates. A will on the other hand governs how/to whom the person wants his assets to go after death. There are no conflicts wth these two documents.

Medicaid has a claim on the home but not on your personal property (eg bank account). There are straight rules that medicaid must follow in order for them to recover. You will need to hire an attorney to assist you in handling your mothers estate.

If there is an estate open for the deceased person, you can write a check to "Estate of XXX", and deliver it to the executor or administrator of the estate.

Your question is not very clear. You are an heir to what? You mentioned your grandfather. Was he deceased? Did he die with a will? If there is a will, was the will probated? I don't know where the adverse possession came from. Did you take the property without permission of the owner? Who owns... View More

A simple answer is yes. But a better question is "should a trust beneficiary be a trustee?". You should discuss the implication of having a beneficiary as trustee with your estate planning attorney.

There is not enough information to give any solid advice. Someone has to review the account statements before making a conclusion. But regardless of the balance, your issue is how to get access to your mother's assets. You should discuss with a probate attorney and see how to approach it. An... View More

If you and your sister are co-owners of the house, both of you have to agree to sell. If she does not agree, you will have to file a motion to the court for partition. You have to hire an attorney to do that for you. It is not a DIY project. You may also want to see if your sister agrees to buy... View More