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Questions Answered by Mr. Troy Michael Moore
2 Answers | Asked in Probate for Texas on
Q: Is it possible for an executor to release funds to an heir prior to obtaining a judges signature on the estate inventor?
Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on Aug 12, 2019

Yes most likely. A lit of Wills provide for that power.

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My husband passed and he had a prior relationship but was never married to her. Am I required to provide her with a copy

Of his death certificate?

Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on Jul 1, 2019

No you do not have to share that with anyone.

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3 Answers | Asked in Probate for Texas on
Q: What happens if you do not file a will in Texas probate.

Under what circumstances make it possible to not have to file a will with the court?

Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on Jun 24, 2019

If someone dies without a Will, they are said to have died Intestate. Succession is the term for who inherits the property if someone dies without a Will. There is no deadline to file an Heirship but you have four years from the date of death to file an Administration of the Estate.

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2 Answers | Asked in Personal Injury for Texas on
Q: When a lawyer threatens withdraw but then does not give a yes/no answer? (Personal injury)?

Why would a personal injury lawyer threaten withdraw on a case they have been working on for 8+ months with less than 4 months left, 2+ depos and with a substantial settlement arriving when complete?

Also, what happens if that lawyer doesn’t respond yes/no to emails... Read more »

Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on Jun 24, 2019

It could be a variety of reasons. He/she could be overworked. Or, he/she could have decided the cases was not as good as once thought. It would be pure speculation to answer this question without being intimately involved on the case.

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: Texas intestate

My step uncle passed away recently without a will. My step dad is the only living family left. The only thing my uncle had to his name is a car worth about $1500 and there is a utility deposit check coming for $118. How do we go about transferring the car title and be able to cash the check without... Read more »

Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on Jun 13, 2019

Look up for the form for an Affidavit of Heirship. Your local County Clerk should be able to point you in the right direction if you can't find it on your own.

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Texas Small Estate affidavit process, fees and durations

My Father and mother both died without a will. My dad has a Employee Stock purchase plan valued at around $18,000 and has a life insurance policy valued at 40,000. Do that qualify for the Small Estate affidavit probate process? I have got a link to Fort Bend county courts for the required forms,... Read more »

Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on Jun 6, 2019

It sounds like your father's estate probably qualifies based on the above information. There are other factors to consider in the analysis. I offer a free consultation on probate matters and I practice in Fort Bend County. My number is 281-970-8039

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1 Answer | Asked in Probate for Texas on
Q: In Texas, how is a decedent's stock portfolio value determined for dismemberment?

I’m trying to determine the value of an inheritance of securities the decedent owned. Is the disbursement amount based on the stock price at time of death or is it based on the value when the executors sell the stock?

And I’m dealing with an independent executor that has refused to... Read more »

Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on Jun 4, 2019

You could request your share of the stock be transferred to you and then you could sell or keep it. The basis of the stock would be its value as of the date of death.

1 Answer | Asked in Probate for Texas on
Q: In the state of Texas, who responsible for a home's HOA dues, the estate or the surviving spouse?
Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on Jun 4, 2019

The community estate prior to death and the surviving spouse after that.

2 Answers | Asked in Probate for Texas on
Q: My father passed away and left a holographic will. We aren’t sure it is valid? How can that be determined?

Providing it’s not valid, could it hold a fight in probate court? My brother is 18 to be 19 so isn’t of legal age and I’m 23.

Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on May 17, 2019

Are you located in Texas? Each has its own set of laws for probate cases. In Texas, it has to express testamentary intent and be wholly in the handwriting of the Decedent.

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2 Answers | Asked in Probate for Texas on
Q: My Father passed away last week in Lufkin. There is a will. I am executor. Does this require Probate?

My mother passed away 11 years ago. My father survived her and I am left, as executor, to settle all debts, sell the house and distribute assets. I don't know if this will require Probate or not. First time experience as an executor. The estate is to be divided equally between my sister and I - and... Read more »

Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on May 14, 2019

Is there real estate or a bank account that you cannot get into? You are not required by law to Probate, but most people need to to transfer title to real estate or gain access to bank accounts. Call me at 281-970-8039 for a free consultation

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2 Answers | Asked in Probate for Texas on
Q: How can I find the name of the probate lawyer who handled my father's estate
Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on May 13, 2019

Go to the County Clerk's website for that county and run a search.

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4 Answers | Asked in Estate Planning and Probate for Texas on
Q: My parent died intestate. I’ve been told Texas law allows stepparent to lifetime rights to live in house.

House was in parent’s name only. I was told by atty that offspring heirs get the house after stepparent dies or decides to move out. I looked on property records online & after my parent died, “estate of (parent’s name)” was listed as sole owner, now 2 years later after probate has been... Read more »

Mr. Troy Michael Moore
Mr. Troy Michael Moore answered on May 7, 2019

Under the Texas Constitution, a surviving spouse has a constitutional homestead right to the homestead property, even if it was separate property.

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