Benificary as well as a life policy and I’m the benificary... do I need to probate?
answered on Jan 31, 2018
I don't see any reason you would need probate to deal with the assets mentioned.
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... View More 
answered on Jan 23, 2018
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... View More
answered on Dec 6, 2017
Did it result in the birth of a child who would inherit? Otherwise, no.
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... View More
answered on Oct 29, 2017
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.
answered on Oct 29, 2017
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... View More
Cannot find the original will. But I know he left everything to me. What rights do his children have?
answered on Oct 29, 2017
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... View More
Insurance. Will the VA collect his property if he dies? Is there a way to prevent this from happening?
answered on Aug 8, 2017
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... View 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... View More
answered on Jul 21, 2017
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... View 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?
answered on Jun 25, 2017
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... View 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... View More
answered on Jun 24, 2017
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
answered on Jun 23, 2017
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... View More
after she passes it goes to 2 grandchildren. If she never probated it and has now passed away can it be contested by their children?
answered on Jun 22, 2017
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... View 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
answered on Jun 14, 2017
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?
answered on Jun 12, 2017
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... View More
answered on Jun 2, 2017
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,... View More
I looked at it, and it says all "Distributees of the estate" have to "personally appear." My sister lives out of the country and doesn't travel. What can I do?
answered on May 31, 2017
The personal appearance by a signer on a Small Estate Affidavit is not at a hearing, but in front of the notary who notarizes that signer's signature.
answered on May 24, 2017
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... View More
does the attorney send assets to the executor to distribute. I have received documentation stating I am entitled to 50% of the assets.
answered on May 23, 2017
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.
As the Executor, your brother... View More
answered on May 23, 2017
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... View 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,... View More
answered on May 24, 2017
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... 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.
