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Questions Answered by Paul Premack
1 Answer | Asked in Probate for Texas on
Q: Can an adjudication of guilt on my record as a felon in Texas mean that I cannot be an Independent Executor?
Paul Premack
Paul Premack
answered on Mar 10, 2022

Flat out "yes". A felony on your record is a disqualification by law, and a court cannot allow you to act as Executor even if you are so nominated in the person's Will.

1 Answer | Asked in Estate Planning for Washington on
Q: Father died without a will, need to close his bank account. need all the help i can get.

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 »

Paul Premack
Paul Premack
answered on Mar 7, 2022

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 »

1 Answer | Asked in Estate Planning for Texas on
Q: Is a Small Estate Affidavit only to be used if the deceased did not have a will?

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 »

Paul Premack
Paul Premack
answered on Mar 2, 2022

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 »

1 Answer | Asked in Securities Law and Estate Planning for Texas on
Q: Can the executive of a will over ride the Beneficiary for investments

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

Paul Premack
Paul Premack
answered on Feb 28, 2022

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 »

1 Answer | Asked in Estate Planning for Texas on
Q: My husband and I will make our wills in Texas. We are retiring in Puerto Rico. Will out will be valid there?

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?

Paul Premack
Paul Premack
answered on Jan 7, 2022

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.

That said, a valid Texas Will requires...
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2 Answers | Asked in Estate Planning for Texas on
Q: : Me and my boyfriend of 12 years bought property together and built a home for retirement.

He wants to put in a trust for kids. If something happens to either one of us can the other change trust or sell property?

Paul Premack
Paul Premack
answered on Jan 7, 2022

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 »

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1 Answer | Asked in Probate for Texas on
Q: What EXACTLY has to be included in an I&A in re: to “personal” or “intellectual” property?

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?

Paul Premack
Paul Premack
answered on Dec 7, 2021

You should be addressing this question to the lawyer who you hired to represent you in the probate matter.

While the law in Texas is the same across all of the counties, each county has a different Judge or Judges who hear probate matters. Some counties have very experienced statutory...
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1 Answer | Asked in Probate for Texas on
Q: My mom recently passed away, she added my stepdad to the deed of the house before she passed. There was no will

Can he sell the home, my mother has 3 kids. Tx is where the home is

Paul Premack
Paul Premack
answered on Nov 17, 2021

The wording of the deed where she added your step-father makes a big difference. There are a wide variety of outcomes depending on what that deed actually says.

If it simply states that the house is owned as joint tenants, then he would likely have a 1/2 interest in the property and -...
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1 Answer | Asked in Probate for Texas on
Q: I live in Fort Bend County, Texas. My husband passed away 5/30/21.

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 »

Paul Premack
Paul Premack
answered on Nov 16, 2021

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

Follow the instructions on the back...
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1 Answer | Asked in Estate Planning for Texas on
Q: Do I need to go to court to be able to cash checks made out to the estate of ?

I'm the executor of my grandmothers will.

Paul Premack
Paul Premack
answered on Nov 12, 2021

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)...
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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Texas on
Q: I have a lifetime estate for a house that is in mine and my mothers name.

She since has been diagnosed with lou body dementia and has had to be placed in a nursing home permanently. the home is paid off, how would I go about placing the home in my name only?

Paul Premack
Paul Premack
answered on Nov 8, 2021

To supplement John's answer --

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...
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1 Answer | Asked in Probate for Texas on
Q: My father passed away a month after my grandmother and my grandmothers will has not been probated.

What happens to my father's inheritance if my grandmother's will is per stirpes

Paul Premack
Paul Premack
answered on Nov 5, 2021

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 »

2 Answers | Asked in Probate for Texas on
Q: My mother put me as payable on death on one of her checking accounts. Do I have to share that with other beneficiaries?

Will states that assets be divided equally 3 ways. I am one of the three. They were not listed on that account, just I am. Mother has passed away as well as father. Father preceding her death.

Paul Premack
Paul Premack
answered on Oct 29, 2021

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 »

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1 Answer | Asked in Estate Planning for Texas on
Q: If I die before I receive the distribution of an estate where my brother and I share 1/3, who gets my share?

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 »

Paul Premack
Paul Premack
answered on Oct 27, 2021

The answer depends on who is alive when you die.

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...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: In a descendant's trust can it be left to a descendant's spouse?
Paul Premack
Paul Premack
answered on Oct 27, 2021

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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