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Questions Answered by Dillon B Norton
2 Answers | Asked in Probate for Texas on
Q: My dad passed last week can't find will but he married his ex wife she wants to take all and just cremate him f

He has life insurance bought cars for all but she wants it all what can I do

Dillon B Norton
Dillon B Norton answered on Mar 7, 2018

Also, check the probate records department at your local county clerk's office to see if your father filed a will for safe keeping. Not many people do it, but it's worth looking into. Take a death certificate or obituary and a form of ID. If you're listed as an authorized person who... Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Father is incarcerated in TX. Just diagnosed with stage 4 cancer, with 2-3 months possibly. What do I have to do

I am his son and 18 years old. He is in Galveston and/or Beaumont. Are there POA papers?

Dillon B Norton
Dillon B Norton answered on Feb 18, 2018

I'm terribly sorry to hear about your father. He can sign a power of attorney as long as he is not mentally incapacitated. If he has spells of dimentia because of his illness then executing these documents will be tough. Getting witnesses could be tough, too, but a good attorney will make it happen.

1 Answer | Asked in Probate and Estate Planning for Texas on
Q: my dad passed away and didn't leave a will. My mom passed away and left a will with my sister being the beneficiary

Does my sister inherit everything even if my dad didn't leave a will

I was told by some family members that since my father didn't leave a will

that my dad part should be divided by my brother and sister.

Dillon B Norton
Dillon B Norton answered on Feb 18, 2018

It depends on whether your father was married to your mother when he passed, and if so, whether his children were of your mother and father's marriage. You need a probate attorney to assist you.

Assuming parents were married at the time of dad's death and all his children came...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can a doctor inheit from his patient?

This is in Texas. A patient left her doctor a very considerable amount of money in the will. Is it legal for that doctor to inherit it?

Dillon B Norton
Dillon B Norton answered on Feb 18, 2018

Was the doctor a family member of the patient? Did the patient have any other family out there? If the patient was married in Texas and had no pre or post-marital agreement, then a large gift could give away more community property than the patient is entitled to give away. Was the doctor a... Read more »

1 Answer | Asked in Probate and Estate Planning for Texas on
Q: My father died 16 months ago, his will has been read and his estate distributed we just got a bill do we need to pay it?
Dillon B Norton
Dillon B Norton answered on Feb 18, 2018

This question is difficult to answer without additional information. You need to contact a probate attorney to help figure this out. "Reading" a will and distributing an estate does not say much. And what is the bill for? Is it for a credit card he had or a care note? Was it an electric... Read more »

1 Answer | Asked in Probate and Estate Planning for Texas on
Q: My step Grandfather left a will leaving my deceased Mother (his Stepdaughter) and my Developmentally challenged Sister

the house in Texas Jointly. He left the Stepson ( my uncle ) the property in another State , and all bank accounts and cash to his Brother (my grandfathers brother) My mother is deceased and their is only Myself and my sister that cares for our mentally challenged adult sister , will my mothers... Read more »

Dillon B Norton
Dillon B Norton answered on Feb 18, 2018

This is a tough question. It depends on the terms of your grandfather's will and whether your mother left a valid will stating whom shall benefit from her estate and how. It may also depend on who died first or the length of time between their deaths if your mother pre-deceased your... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: My daughter will be 18 in Just days... is it required that her fathers property and house go into a trust and probate?

The grandad is pretty much much running things now, although there was not a will, he (their dad) was very sick for a long time and it was made very clear that our daughters were to get the house and land. And now the grandad is almost insisting that it be put into a trust.... but my oldest... Read more »

Dillon B Norton
Dillon B Norton answered on Feb 18, 2018

I'm sorry for your loss. This is never easy and family members being at odds makes things worse. This is a very complicated situation, and you need to contact a probate attorney to help protect your interests and those of your daughters. Without additional facts, it is difficult to ascertain... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Probate for Texas on
Q: What can we do about my mother’s husband wanting to take all her property after her death? He is Not a legal Citizen

We feel that it is a sham marriage just to help him get citizenship. We also have my mother and father divorce papers where it states that the property and house belong to the children.And When the youngest child turn 21 we were to sell the house and give the money to the four children. But we did... Read more »

Dillon B Norton
Dillon B Norton answered on Feb 18, 2018

I'm terribly sorry to hear about your mother's loss and how complicated this is for your family. Without a bit more information it's difficult to determine what the proper outcome should be as it depends on many factors. One thing I know for sure is that you need to hire a probate... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Can I become the administrator of my father's estate even tho he has been deceased for ten yrs
Dillon B Norton
Dillon B Norton answered on Feb 18, 2018

It depends on various facts, and you should contact a probate attorney to assist you with this matter. Without more information, answering this question is difficult, so I will supply some hypothetical scenarios that may assist in answering your question.

Assume your father had a will. In...
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1 Answer | Asked in Civil Litigation, Probate and Estate Planning for Texas on
Q: There is a young man in my family that we have all considered a nephew recently we have found out that someone else is

On his birth certificate as the father. The young man does resemble my deceased brother so genetically it's possible. What is his right to inherit

Dillon B Norton
Dillon B Norton answered on Feb 18, 2018

A loved one's passing is never easy, and I'm sorry for your loss. This question is hard to answer without knowing whether your brother left a will or not. Yous should consult a probate attorney to assist you with this matter. One way to establish paternity is through genetic testing. If... Read more »

1 Answer | Asked in Civil Litigation and Probate for Texas on
Q: If an individual has a different person listed on his birth certificate that is not my brother what legal right does he

To anything my brother left. Not adopted may be my brothers biological child to my knowledge my brother never claimed him

Dillon B Norton
Dillon B Norton answered on Feb 18, 2018

I'm sorry to hear about your brother's loss. This is never easy. In answer to your question, it depends on whether your brother had a will or not. This question is difficult to answer without such information, and you need to consult a probate attorney for assistance. Hypothetically, if... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Texas - Can two nephews (only heirs) be forced to pay the credit card debt and/or automobile payments of deceased?

It is a holographic will - only assets are auto, clothing, furniture, and books. Doubtful probate will be needed. One nephew is the executor.

Dillon B Norton
Dillon B Norton answered on Feb 17, 2018

Hell no they can't be forced to pay! However, if the nephews were cosignors on any of the debt, then they are on the hook. No matter how closely related you are to someone, you are not liable for the debt unless it's jointly held. Beware, though, creditors can apply for probate... Read more »

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2 Answers | Asked in Probate for Texas on
Q: If everything you owned (all accounts, home,car, etc are co-owned with your spouse )do you still have to probate a will.

Our wills leave everything to each other.

Dillon B Norton
Dillon B Norton answered on Feb 17, 2018

Absolutely! Unfortunately, this is THE most

common probate trap people fall into. Husband and wife have mirror wills leaving everything to each other and the survivor thinks they don't have to probate the will because they got everything. If a will is not probated then you, your...
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