Executor lives in MO where Executor Fees are higher than KS (which only states 'reasonable compensation'..)
answered on Nov 1, 2022
The state where the Will was admitted to probate dominates. If grandfather lived and died in Kansas, then Kansas law and Kansas courts will be used.
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.
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 »
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 »
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 »
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 »
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
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 »
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?
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... Read more »
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?
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 »
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?
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... Read more »
Can he sell the home, my mother has 3 kids. Tx is where the home is
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 -... Read more »
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 »
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... Read more »
I'm the executor of my grandmothers will.
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)... Read more »
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?
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... Read more »
What happens to my father's inheritance if my grandmother's will is per stirpes
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 »
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.
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 »
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 »
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... Read more »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.