In my experience the answer is yes. Debt incurred during the marriage is community debt. I have had creditors agree in writing that they discharge any claim against the estate and will only seek payment from the surviving spouse. You should definitely be working with an attorney if you are...Read more »
Executrix is the daughter of the decedent, however they have been estranged for years. She is claiming an 800,000.00 estate. How can she claim a number out of thin air? The real story is her husband attorney changed the Will to the benefit of... Read more »
It isn't illegal to be wrong about the value of assets. Amended inventories and accountings are filed when necessary. Beneficiaries can file complaints with the court and object to valuations recited in an inventory or accounting. I need more context to understand why or how the personal...Read more »
I can conceive of no inexpensive solution that would result in a court order. A declaratory judgment action or a determination of heirship may result in the court order vital statistics is requiring. Both procedures would require a minimum of several thousand dollars in attorney fees and court...Read more »
My mother in law passed and left house to my husband and her son but her son doesnt want the house but my husband does how do we get e everything in his name. No one has money for an attorney to probate the will.
The first answer is correct. I would add that in the event the first named executor is deceased, incapacitated, or unwilling to sign an affidavit, an interested person, such as a child of the deceased person, has standing to file an application to probate the will or determine the heirs of the...Read more »
Evicting a residential tenant requires authority. If the caregiver is living with your family member and was invited to do so by your family member or someone speaking for your family member, then the caregiver is a tenant at will and his or her tenancy can be ended by your family member or...Read more »
Court is not the will that their brother wrote. Before he passed, the entire family gathered and he made his wishes known. As a family, we prepared his will, and had a notary come to notarize. It turns out that the notary had an assistant with her. This assistant re-wrote the will by hand,... Read more »
The beneficiaries under a will can enter a family settlement agreement which amends the will's terms, but you would want to sit down with an attorney to review the will and the terms you wish to change before drawing up the settlement agreement.
It depends on the cause of action. The administration of a decedent's estate is necessary to pursue a survival action, but not a wrongful death suit. One of the biggest practical differences between a survival action and a wrongful death claim is that with a wrongful death claim, damages...Read more »
Find an attorney in your area who handles probate cases.
If your son left a Will and you are the executor named, then your attorney will file an Application with the Probate Court, along with the original Will, and you will have a hearing to prove that the Will is valid and get your...Read more »
be executor. They do have another brother who said he would be executor but he is not listed. He is in the Will as a beneficiary though. The two other executors agree that the other brother should be the executor. What would be the next steps in appointing the other brother as executor?
If you've started the process your attorney should handle this issue. To serve as the personal representative (executor or administrator) of an estate in Texas you must be represented by an attorney at all times. The named executors can each execute a declination to serve and under Chapter 401 of...Read more »
My grandma passed away in 2005 and her house was left to my dad and his brother and sisters. My dad passed away in 2013 and the house was just recently sold. I have a brother whose name was legally changed when he was about 2 because he was adopted by someone else. Is he entitled to any of the... Read more »
Assuming that your brother was adopted, and assuming further that neither the adoptive parents nor the biological parents left Wills, in Texas the general rule is that an adopted child inherits from his adoptive parents just like any of their other children would, but the adopted child also...Read more »
They have a house in TX with both Mom and Dad on deed. Mom died in TN w/o Will and Dad died in TX with Will. Dad did not probate Mom’s estate. Dad left the house in TX to one son and not the other one. Does the other son have the right to the house? Is there a statue of limitations in this? The... Read more »
There are several issues here that would require a consultation with an attorney. Is your father the father of all of your mother's children? Did she have any children prior to their marriage? Has your father's will been probated? Is there a legitimate dispute over the validity or authenticity...Read more »
This past Sept 2017 my gas was turned off and the meter taken off. The gas company told me a licensed plumber had to come check the pipes under the house/ground. I told my landlord he got mad that the gas company got involved. He said now he had to pay for a permit and hired a licensed plumber. The... Read more »
My initial reaction is no, your landlord can't break the lease by raising your rent based on the types of repairs involved. Keep in mind that you need to have an attorney review your lease and any correspondence you have with your landlord before advising you one way or the other.
You may or may not need to probate the will, and depending on how long it has been since the person passed and the availability of necessary witnesses, you may not be able to get the will into probate. You should take the copy of the will and the death certificate to an attorney and let he or she...Read more »
As Attorney Garrett correctly stated, a copy of a Will can be probated in Texas. There are potential proof considerations to account for, as well as notice to the heirs as if there were no will. Your step children are free to dispute your application to probate the copy of the will. It is...Read more »
It sounds like you are describing a MERP claim, which can result from Medicaid benefits received, not from VA benefits. In Texas the Department of Aging and Disability Services contracts with HMS who administers the Medicaid Estate Recovery Program (MERP). There are Hardship Waivers you can apply...Read more »
My grandmother passed away in 2009 we need to know who the property belongs to since her biological daughter is deceased, as well as her adopted son. She was already divorced when she passed so that leaves a husband out. The problem is she had 3 grandchildren from her daughter and 4 from her... Read more »
If you're trying to keep the house, then you will need to find pro-bono help through the legal aid organizations in your area. If you are planning on selling the house there should be plenty of sales proceeds on hand to compensate your attorney for settling the estate. An Affidavit of Indigency...Read more »
son and daughter in gift deed. We are in process of getting the sons part of deed signed over to my husband who is his son. We have paid taxes and insurance on house for years. What is our chances of getting the house if she's fighting for money for her half?
Can you afford to buy out her share of the house? Her remedy would likely be to force a partition sale, which takes much of the control away from you. I would get with a probate attorney in your area who can get the title issues resolved definitively and quickly. Then file suit against her...Read 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.