The bank says I need the death certificate (which I have) and a letter testamentary (which I do not have). There are only two heirs to consider, myself and my brother, and we are already in agreement on disposition. My father died in Texas (his state of residence) and I live in Washington state. I... Read more »
Since your father resided in Texas and died in Texas, any action on his estate needs to happen under Texas law. I am licensed in both Texas and Washington. You can ask the bank if your father specified a "Pay on Death" beneficiary for the bank account. If so, they should release the funds...Read more »
My father did have a will which has already gone through the probate process. We are doing a stock transfer to my mothers name but we are being told we need a SEA for all accounts to move forward. From what I understand if a will was in place you cannot use a SEA...is this correct? Thanks for your... Read more »
You are correct. A Small Estate Affidavit, pursuant to Texas statute, may only be used when the person died intestate (without a Will), and then only for non-real estate assets that do not exceed $75,000 in value (except for the homestead, which can be included and of higher value if passing to a...Read more »
I am the Beneficiary for the investments my ex-wife made she passed away in2019 her executive of the will told me that she gave everything to her Granddaughter I asked for the paperwork and he told me that I was trying to dig up dirt on my ex-wife. Can he override the Beneficiary for investments
Your divorce eliminated your name as beneficiary on investments. Investments like a mutual fund or stock are allowed to have a "pay on death" or a "transfer on death" designation. Sometimes the accounts will be in both names, with a "right of survivorship". The goal of...Read more »
We have no kids. He is my beneficiary and I am his. He has his mother, I do not. I do have siblings and he has a sibling and a niece. Will parent, sibling or niece be due an inheritance from his or my will, even though we are each other’s beneficiaries?
It is always best to make your estate plan in the jurisdiction where you are living. If you are moving away from Texas to Puerto Rico for retirement, then wait until you have moved, see a lawyer in Puerto Rico, and make your estate plan under PR law.
There are a number of legal issues you must consider. Since you are not married, the purchase would be classified as creating separate property owned partially by each of you. However, Texas has a "common law marriage" regime that could allow either of you to claim marriage and try to...Read more »
I’m an independent executor of a non contested estate. The decedent owned a house full of “stuff.” Do I list every book? Every household item? Every coin in his collection? If so, how do I determine the value?
I have a notarized Texas Last Will and Testament. I am designated the Personal Representative. I am the only beneficiary. The only property are three vehicles. Vehicle #1 is fully paid with a joint title of myself and my husband. Vehicles #2 and #3 are still being paid for and are only in my... Read more »
If there are no liens on any of the vehicles, you can transfer title using the state's "Affidavit of Heirship to a Motor Vehicle" document. It is free, can be downloaded at https://www.txdmv.gov/sites/default/files/form_files/VTR-262.pdf
When you say "I am executor" do you mean that the Will nominates you as Executor, or do you mean that you have a court order admitting the Will to probate and appointing you as Executor and granting you Letters Testamentary?
If you are nominated (but do not have the court order)...Read more »
You say your mother needs to go into a nursing home. If she can afford to pay for the nursing home from her own savings for the rest of her life, ignore this supplement. If she will need government assistance to pay for the nursing home, and will be...Read more »
Most Wills contain a provision that requires an heir to outlive the Will's maker by a certain amount of time, often 30 days or 60 days. If the Will DOES contain such a clause, then you have to determine if your father died before or after that "survival" requirement date. If he died...Read more »
If you are the only person listed in the pay-on-death designation, the balance at the moment of her death becomes your property (but you must prove her death to the bank by supplying her death certificate). You do not have to share the balance with anyone else. However, if your mother put you on...Read more »
Initially, posted at Probate Section. RE: Will includes: “...[1/3 of estate to my brother and me] the rest and residue of my estate in equal shares, share and share alike. In the event that my nephews have preceded me, I leave the share intended for the deceased nephew to the descent’s... Read more »
If your aunt (the Will's maker) is already deceased, you are waiting to receive your share, and then you die before your share is distributed - the answer is that it still goes to you, but is distributed as part of your estate pursuant...Read more »
Yes. However, it must be done carefully. For instance, if you simply list the current spouse by name, but then the descendant later divorces that person, that person is still an heir because he/she was listed by name. There is case law in Texas where the court awarded money to the named individual,...Read more »
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