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;... View 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... View 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... View 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... View 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... View More

I agree with attorney Garrett, however, one of the items in the Small Estate Affidavit is a statement that the assets on hand, other than the homestead and exempt property, exceed the debts owed, other than debts secured by homestead or exempt property (mortgages, car notes, etc.).

What... View More

Generally speaking, the answers to your questions are no:

No, your aunts cannot sue you for back rent if your grandfather owns his home and has invited you to stay there for whatever reason. If your aunts are the owners they may be able to have a constable remove you from the home, and... View More

You may not need a determination of heirship. There are alternatives which an attorney can help you assess and choose the right option based on the combination of assets and debts in the estate. With regards to real estate, you may need to settle both of your parents' estates in order to... View More

A power of attorney ceases to grant authority when the person who made it passes away. The will needs to be probated within four years of her passing, or the property will pass by descent and distribution to your mother's heirs. If the executor named in the will or whoever is in possession... View More

How long ago did your mother pass away? Did your father make another will after he remarried? Did either of your parents have children prior to or outside of their marriage? Is your father's surviving spouse probating your father's will? if not, do you have the original will your... View More

Perhaps, but if he received payment for the sale from the new owner, he is simply inviting a lawsuit by trying to assert his ownership of the property, or by conducting another sale to another buyer.

Yes. The jurat needs to be styled to reflect the State and County, then signed in front of a notary.

When you say you want to add her as an owner I wonder what you are trying to accomplish. If this is a way to give her the house once you have passed, you can do so in a Will, with a transfer on death deed, or with a deed reserving an enhanced life estate for yourself, commonly called a ladybird... View More

You can apply to the Probate Court to be appointed as the Administrator of the Estate. As the Administrator you can hold off the foreclosure, take whatever steps are necessary to get the property sold, then settle up with your mother's creditors and distribute her estate to her heirs.

If there is no will, you and your brother are entitled to most of your father's separate property (property acquired before marriage, property received as a gift or inheritance during marriage, property acquired with separate funds during marriage). You and your brother are also entitled to... View More

It sounds like the two of you could sort this out with a mediator's input. I doubt she will agree to anything if she is not paid back, at least in part, for any contributions she has made to the purchase or improvement of property.

An attorney could send a demand and explain the next steps he or she would take if the property is not returned. Mediation would be appropriate if both parties have claims against each other, so there can be some trade-off and negotiation. If all that is at issue is the laptop I would have your... View More

That truly is a tragic story. I have to ask what you are trying to accomplish by changing the death certificate? Does the cause of death impact any interests in insurance proceeds, devises under a will, etc.?