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Questions Answered by Hunter Reed Sargent
1 Answer | Asked in Family Law, Estate Planning and Probate for Texas on
Q: Why change names on Deed of home just before death of spouse?

My father has late-stage Alzheimer's. He remarried before the disease to my stepmother. Since he has been in a memory care home she has purchased a different home than the one they lived in together. At first, the new home was in her name only. However, recently she changed the names on deed... View More

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

Without knowing the specific details of your father's and stepmother's situation and intentions, it's difficult to provide a definitive answer.

There could be several reasons for changing the names on the deed, some of which include:

Estate planning purposes: Your...
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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Texas on
Q: Texas - Medical Power Attorney The standard form has main agent and 2 more agents. Is OK and Legal to add 3rd agent?
Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... View More

1 Answer | Asked in Estate Planning for Texas on
Q: How long does it take to form a new trust and appoint a trustee?

I’m in the middle of buying a house. The seller was told she had to turn in an Affidavit of Heirship it has already been sent out to sign and to appoint someone as the trustee. I’m trying to see is this something that takes month, couple weeks, or something that can be done in a few days?

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

The time it takes to form a new trust and appoint a trustee can vary depending on the specific circumstances and complexity of the trust. The process could take anywhere from a few days to several weeks, depending on the complexity of the trust and the availability of the parties involved.... View More

1 Answer | Asked in Estate Planning for Texas on
Q: Do lawyer sell templates?

I’m an investor and every seller has to do an Affidavit of Heirship. I’m wanting to know do lawyers sell AOH and Deed templates? If you are one can you tell me the price estimate it will be?

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

The Affidavit of Heirship form is promulgated by the Texas legislature, and it is important to use the correct form for your jurisdiction. Providing legal advice or helping someone complete an Affidavit of Heirship without a license to practice law in the relevant jurisdiction would be considered... View More

2 Answers | Asked in Estate Planning for Texas on
Q: I’m wanting to know how is a trustee appointed.

I’m wanting to know is a trustee appointed by a judge or does the members just appoint the trustee by typing up a document saying they pick this person as trustee?

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

Generally speaking, there are a few common ways a trustee can be appointed:

Creation of a trust: When a trust is created, the person establishing the trust (the "settlor" or "grantor") will appoint a trustee by naming them in the trust document. This is the most common...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: In our wills we both left our property to each other, if one of us dies will the other have to have the will probated?
Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

In Texas, when a spouse dies and leaves their property to the surviving spouse in their will, it may still be necessary to go through the probate process.

Probate may be required for various reasons, such as transferring title to real property, dealing with bank accounts, or addressing...
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2 Answers | Asked in Estate Planning for Texas on
Q: I am in the process of purchasing a new home, and I need assistance to put the house in a trust account.

I am in the San Antonio area and the estimated time for the house to close is May 2023. Is this something you can assist with? If so, what is the estimated cost?

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

You need to consult a licensed estate planning attorney to help you with this process. To put a house into a trust, you'll need to follow these general steps:

Fund the trust: To transfer the house into the trust, you'll need to change the title of the property from your name to...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I get a copy of my father’s will if I don’t know the law firm used?
Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 6, 2023

If you don't know the law firm that prepared your father's will, there are several steps you can take to try to locate a copy of the will:

If your father kept important documents at home, such as a safe or filing cabinet, check these areas for a copy of his will.

If your...
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3 Answers | Asked in Probate for Tennessee on
Q: Great Aunt died in 2003 and just heard I was in Her will, How can I find out if it's true or not

She is said to have left Me a house and land

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 6, 2023

If you believe that you may have been named as a beneficiary in your great aunt's will, there are several steps you can take to try to confirm whether this is true:

The first step in determining whether you may have been named in your great aunt's will is to talk to other family...
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1 Answer | Asked in Probate for Texas on
Q: Who has to pay the debt remaining on a vehicle in a probate matter?

If my mother left her car to a me in her will, should the balance remaining on the note be paid by the estate with any other debts or is it my responsibility? My mother died 18 months ago and the executor, appointed 6 months ago, has had the vehicle since her death. I was told 3 days ago that the... View More

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

The responsibility for paying the remaining debt on a vehicle in a probate matter depends on the specific terms of the will, the laws of the state where the deceased lived, and the specific circumstances of the case.

In general, if the deceased left a will that specifically bequeathed the...
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1 Answer | Asked in Probate for Texas on
Q: My sibling and I agreed on a family settlement agreement over 2 yrs ago. She has yet to distribute. What can I do?

Court filed settlement says she agrees to sell the home estate and distribute according to settlement and “will” but no progress has happened. Her daughter currently lives in the home.

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

If your sibling has failed to comply with the terms of the family settlement agreement, you may have legal recourse to enforce the agreement and compel distribution of the assets.

One option is to file a lawsuit in court to enforce the settlement agreement. You may want to consult with an...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: How can I get my bank to cash a check made out to my mother's estate in my care. Check is less than $10,000

My mother had no estate or no named executor. The check was made out to my mother's estate in the care of myself. Would it have to go through probate or an estate needs to be established?

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

If the check is made out to your mother's estate in your care, you will likely need to go through the probate process or establish an estate to cash the check. This is because the check is considered an asset of the estate, and someone must be legally authorized to act on behalf of the estate... View More

2 Answers | Asked in Estate Planning and Probate on
Q: Who becomes a beneficiary when the beneficiary of one persons will Dies before they do.?

My mother passed away befkfe my grandpa did. He also passed. Who becomes beneficiary and who is entitled to see the will

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

If the beneficiary of a person's will dies before them, the distribution of the deceased beneficiary's share of the estate will depend on the specific provisions of the will and the laws of Texas.

In some cases, the will may specify an alternative beneficiary or a contingency plan...
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2 Answers | Asked in Estate Planning for Texas on
Q: I have a power of attorney that is telling me her attorney won't speak to me since I'm not his client, but it's my case.

She's telling me any questions I ask is going to raise what they are billing, and she's not communicating with me like she should so I'm getting worried. But I've asked her for attorney info numerous times and she's only given me excuses.

Is it true that her... View More

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

It's generally true that an attorney will only communicate with their own client or someone who has been authorized to act on behalf of the client, such as a person with a power of attorney. However, in certain circumstances, an attorney may be willing to speak with a non-client about a case,... View More

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2 Answers | Asked in Probate and Military Law for Texas on
Q: My son died before the judge signed his divorce decree. His wife wasn't contesting. He was military & stationed in NM

He passed away in his home in NM. There is no probate filed and he had no will. As his mother, do I have a case for his estate?

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

If your son passed away before the judge signed his divorce decree and he did not have a will, his estate could be distributed according to the laws of intestacy in the state where he was living at the time of his death.

If your son was not married at the time of his death and did not have...
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1 Answer | Asked in Estate Planning for Texas on
Q: My stepmom is the trustee of my father’s irrevocable trust, also only qualified beneficiary. I am subsequent beneficiar

Y. She says it’s inappropriate for me to ask for the annual amount of the principal, which will be my inheritance. She is only supposed to be living on the income. Trust is in South Carolina. She is 83. Is she correct?

Hunter Reed Sargent
Hunter Reed Sargent
answered on Feb 16, 2023

If your stepmother is the trustee of the trust, she may have a fiduciary duty to provide you with certain information about the trust, including the annual amount of the principal. However, the trust may have specific provisions that limit the information that can be provided to beneficiaries, or... View More

2 Answers | Asked in Estate Planning and Family Law for California on
Q: I am a 74 old disabled senior living in Marin County, on Medicare and Social Security. Can someone help with amendments?

I am a 74 old retired, disabled, married senior living in Marin County, on Medicare and Social Security. My wife and I have a Living Trust, Wills, POA's, Advanced Healthcare Directive and a few other legal documents. I just need to remove one person as a beneficiary and successor trustee and... View More

Hunter Reed Sargent
Hunter Reed Sargent
answered on Feb 16, 2023

I'm sorry to hear that you're disabled, but I'm glad to hear that you have Medicare and Social Security to help you out. As for your question, it really depends on what kind of amendments you need help with. You'll want to consult with an attorney who specializes in estate... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Who pays the capital gains on a house sold, the trust or the beneficiaries or both
Hunter Reed Sargent
Hunter Reed Sargent
answered on Feb 16, 2023

If the house was transferred to beneficiaries as the result of death of the owner, there is a step-up in basis and no capital gains would be owed. If capital gains tax applies, it depends on who owned the house at the time of the transfer - if a trust owned the house, then the trust pays but if... View More

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4 Answers | Asked in Estate Planning and Tax Law for California on
Q: My husband is an American citizen and I am a British citizen does that effect a revocable living trust?
Hunter Reed Sargent
Hunter Reed Sargent
answered on Feb 16, 2023

You'll need an experienced lawyer to review the trust to see if there are any Qualified Domestic Trust (QDOT) provisions. A QDOT is a type of trust that is designed to allow non-U.S. citizen spouses to defer estate tax payments on assets inherited from a U.S. citizen spouse.

Under...
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2 Answers | Asked in Probate for Texas on
Q: Mother died without will and had land with deed in her name only, given to her as gift by her parents.

She lived on property with my step father and I understand he is homestead there as long as he wishes which is not a problem. I am just concerned about him possibly giving his portion to his children. My understanding is that anything acquired even during a marriage as gift or I heritance is... View More

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

If your mother died without a will and owned property that was titled in her name only, it would be considered part of her estate and subject to distribution according to the laws of intestacy in the state where she lived.

In most states, if a person dies without a will, their property will...
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