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...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 »
Step Dad changed will with a cross out and signature and left everything to Mom. Went to probate and Judge ruled that the will was valid and everything went to my Mom. Its been 10 years and his son called and said he was going to sue to get mineral rights because he is trying to set things up for... Read more »
No. You have 30, 90, or 180 days (depending on details that aren't worth going into here) to appeal a judgment in Texas. If your brother hasn't done anything about it in 10 years, I don't see what argument he could make at this point.
Is there a way to go around her will was never probated because I didn't know I had to probate the will I have also payed the property off and payed before mother died what can I do I need to sell part of my property
Talk to a probate attorney. He or she can advise you how to clear up title to the property. Once title is clear (either by probating the will as muniment of title or determining heirship) and your sister still refuses to agree to a sale of the property, you'll need an attorney to help you...Read more »
This is a fairly common situation. Take the will(s) and death certificate(s) to a probate attorney who can give you some direction. If either passed within the last four years you should be able to probate his or her will. If you are unable to get his will admitted to probate there may be issues...Read more »
I was told by a lawyer that he needed the Deed to decide if this Will needed to be legally probated and not just worked out among heirs by signing affidavit? or can't remember other word for it. Thanks
It probably has more to do with the type of deed and what impact the death may have had on title to the property. A deed is simple enough to procure from the County Clerk or online. I would provide the most recently recorded deed to your attorney and let him advise you further.
He failed to probate it after his first wife died. Now that he needs to sell it his oldest is making demands on sales price that would place it above market value. Can she block the sale entirely or can he sell the property and pay everyone their share?
Whether the property was separate or community property during their marriage, and what children they each had in and out of their marriage will dictate whether your father-in-law owns the property outright, whether he and her children share title to the property, or whether he has a marketable...Read more »
You should contact a probate attorney and have the document reviewed. Your attorney will be able to advise you of your chances of success moving forward probating the holographic will. If your attorney cannot probate the will, he or she can explain other options such as a small estate procedure,...Read more »
Filing an untrue affidavit with the court, or recording a false document with the Clerk, can subject you civil and/or criminal punishment. A person either is or is not an heir, as inconvenient as that may be. Assuming the three of you are the only heirs and your mother was not married when she...Read more »
The attorney represents your brother in his capacity as the executor of the estate. The attorney does not (or should not) represent your brother in his individual capacity as a beneficiary, and the attorney is not the personal representative of the estate.
Depending on whether debts are owed, you should either probate the will for title purposes only, which does not entail the appointment of an executor or administrator, or you need to probate the will and be appointed as the executor so you can settle creditor claims or partition estate assets among...Read more »
My half brother and and my late father's best friend, who was also named the executor of the will, have not kept me in the loop at all on what's going on with the Probate case, or other assets I was left half of in the will. I'm a non confrontational person, I've reached out,... Read more »
To avoid the anxiety you are experiencing, and to know that your interests are protected, you can hire an attorney to enter an appearance on your behalf. He or she would then be notified by the executor's attorney every time something is filed in the case. If it is an independent...Read more »
There are several factors for your attorney to consider before he or she sets fees: whether the case is contested; whether the estate needs to be administered (debts are owed, there are assets which need to be partitioned between joint owners, etc.); the value of all the assets in the estate;...Read more »
My grandmother died and left a will. She had 3 living children at the time. Danny ( my uncle who had no children) Sylvia ( my aunt) and Gary (my dad). She had a survivorship clause that stated anyone who died within 90 days or the Will was probated, whichever occurs sooner shall be deemed... Read more »
You should gather the correspondence and documentation you have regarding the estate, meet with a probate attorney, and have him or her explain your options. The time that has passed since your aunt received her letters and whether she is serving as a dependent or independent personal...Read more »
You should speak with an attorney who handles probate matters in Texas. I cannot tell from your question whether you have probated the Will or not. If the first executor is unavailable to serve, then you can step forward and probate the Will. If you have already probated the Will and you need to...Read more »
None of the information you've provided would indicate you are in any trouble. There are different methods for determining the heirs in an estate. Where there are debts owed, other than your mortgage, you generally need an administrator appointed to settle up with the creditors. Given how...Read more »
We had a complicated relationship. Now they are reaching out to my brother, sister, and I for signatures because the house was really in his name and my step mom. We're in Texas. I've read his 1/2 is to be split among his children. Up until this week we didn't know there was even an... Read more »
If your father passed away without a will, his 1/2 community share of the property and 2/3 of his separate property will pass to his children if he has children that are not also the children of his surviving spouse. Based on what you are saying, you and your siblings would split your...Read more »
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