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Questions Answered by John Wesley Urquhart
1 Answer | Asked in Probate for Texas on
Q: My ex husband in Texas pass away. He has 3 adult children and they cannot find a will. His dad hold the mortgage on the

house. Dad purchased house for son & daughters, son was supposed to pay on it for 10 years then get a note to pay it off in his own name. He got sick about the time the note was due. So we know the house should default back to his dad. Question, can his dad take actions to put locks on the... Read more »

John Wesley Urquhart
John Wesley Urquhart answered on May 28, 2020

You need to see if there was a written contract. There are many other questions that need to be answered. Check with the county clerk to see if they have a copy of the will. Sometimes a copy of the will can be found in a safe deposit box at the bank. If you know of the attorney who prepared the... Read more »

2 Answers | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Texas on
Q: Is a person liable for anything if they give a known alcoholic a car and they kill someone?

Person has been to rehab and sober houses 30 plus times that i know of.

John Wesley Urquhart
John Wesley Urquhart answered on Mar 3, 2020

Not necessarily just because the driver is a known alcoholic, but whether the driver is known to the owner of the vehicle as an incompetent or reckless driver and there is a record to prove it. Of course alcohol could play a big part of that, but it's a case by case fact intensive analysis. I... Read more »

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2 Answers | Asked in Probate for Texas on
Q: My mother died leaving money behind can my sister keep that to herself. My mother wanted it split five ways.

I have proof with a written will my mother left.

John Wesley Urquhart
John Wesley Urquhart answered on Feb 24, 2020

It depends on many factors including whether the will is valid, what the will says, whether there were any designated beneficiaries named on an account, etc. It's best to speak with a probate attorney to review the will and gather more information from you.

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3 Answers | Asked in Probate for Texas on
Q: All of the heirs to my Father's estate are listed on the Will, but not as an executor, what does this mean?

None

John Wesley Urquhart
John Wesley Urquhart answered on Feb 20, 2020

I'm sorry for your loss.

When no executor is named the court may allow an independent administrator. If all the heirs agree, then the Court may appoint one or more of the heirs to be the administrator. The phrase "independent executor" includes an independent administrator....
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2 Answers | Asked in Federal Crimes and Probate for Texas on
Q: My fiancee has been on a probation hold for almost 6 weeks now.how long can hold her without a charge being filled

She was arrested for a probation violation a so called dirty urine test which was bull..the probation officer hasn't even filed any charges yet and is just keeping her there without letting her know anything...can they just do that?

John Wesley Urquhart
John Wesley Urquhart answered on Dec 23, 2019

This is a question from criminal law, not probate. However, no they can't just hold somebody without a hearing after a certain amount of time has lapsed. It's not that simple however. When there is a probation violation, then the defendant can be held until a hearing on the bond but the... Read more »

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