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Questions Answered by Ronald Lee Baranski Jr
1 Answer | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 2, 2024

In Texas, all property or income earned during the marriage is deemed community property, excluding gifts and inheritances. Even separate inherited property can be a challenge if marital income is used to pay taxes, remodel, etc. If an inheritance is in cash and that cash comes to be added to the... View More

1 Answer | Asked in Estate Planning, Divorce and Family Law for Texas on
Q: I just found out my spouse has been sued and already received a default judgement. They seized monies out of his accoun

We live in Texas. Can they try and take our house because it is is both of our names? We have been separated for over a year and plan on divorcing later this year when my daughter turns 18. Don't know what to do about my house to make sure it is secure.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 1, 2024

No Texas Constitution protects your homestead from most creditors except property tax liens and HOA liens, and I believe a child support lien attaches and does not need to be renewed every 10 years. Any normal creditor can not seize your homestead for nonpayment. They can execute against bank... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Libel & Slander and Probate for Texas on
Q: Our parents died 37 hours apart in 2018. Their will was basic and simple just naming the other as beneficiary.

My then new born brother was named the executor. 67 years later both parents passed within 37 hours. Our mother was mentally incapacitated. My brother began his role as executor even though he had a long history of drug abuse, had been batteling cancer for 7 years in poor health. The farm was... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 1, 2024

I'm sorry for your loss, In Texas a Will must be submitted for probate within 4 years unless the applicant can show a valid reason as to why it was delayed. Here there was no probate. I would be interested in how the brother divided anything if it involved real property. Though he could write... View More

1 Answer | Asked in Estate Planning for Texas on
Q: Can we un-staple "Durable Power of Attorney" "Directive to Physician", "Medical Power of Attorney" for photo copying?

I got the "Statutory Durable Power of Attorney" "Directive to Physician", and "Medical Power of Attorney" documents done today. When I asked for additional copies, the secretary unstapled the documents and made copies. Is this acceptable? I was told it is fine for... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Mar 28, 2024

Yes everything but the Will. In Texas the Probate Court clerk is supposed to review the Will and make notes when filed if staples appear to have been replaced, etc. As for the Durable Power of Attorney, Medical Power of Attorney and Healthcare Directive these documents are commonly unstapled and... View More

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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