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Questions Answered by Ronald Lee Baranski Jr
1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My Aunt made me the beneficiary on her 401k. She is still married. Will her spouse get her 401k ?

Her spouse left her 30+ years ago, but have not divorced. My Aunt is now deceased.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Nov 2, 2023

First I'm very sorry for your loss and offer my condolences.

Generally, a designated beneficiary on a 401(k) passes outside probate much like life insurance or any other account with a designated beneficiary. It is handled based on a written contract and does not come into probate....
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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What's the best course of action when the execurtor and applicant is removed from the probate and wit of possession pen

Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 25, 2023

The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More

1 Answer | Asked in Estate Planning, Civil Rights and Probate for Texas on
Q: Us nysone allowed to kick me out of the house I e lived at fir 22 years after my. Nother passed away and left him the ho

I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 15, 2023

I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough... View More

1 Answer | Asked in Estate Planning for Texas on
Q: My mother has Alzheimer's, but she understands the need to transfer her house deed to me. What do I need to do?

Would a Quitclaim deed be acceptable? Will there be problems with Medicare trying to confiscate the house from me later?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Jul 20, 2023

I'm sorry you find yourself in this situation. Unless your mother named you on a durable power of attorney as her agent I don't think any conveyance of real property would be proper. If you are her named agent on a durable power of attorney then confirm the right to convey property is a... View More

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