Generally, anything that passes upon the death gets an adjusted basis. So, as the executor, your legal requirement is to distribute the decedent's property pursuant to his/her will. For anything substantial, I would recommend that you provide a detailed inventory with as much detail as... View More

First, I'm sorry to hear about your father's passing. You and your sister are now owners. For clarity with the title, you may want to file an affidavit of death with the real property records in the County clerks office. You need to decide how you wish to handle the property. If you plan... View More

You should consult with a probate attorney who practices in the county where the decedent died. An intestate (without a will) probate can be opened in the County. The rightful heirs will be determined, and the administrator will distribute the proceeds.

If the two brothers have passed,... View More

Some more facts are necessary to fully answer. Since Texas is a community property state, if the home was purchased during marriage, she already owns her community property portion. From an estate planning perspective, a Transfer on Death Deed would work such that at death, she would own the home... View More

As an estate planning attorney, I would always recommend that you have an attorney assist her just to understand the documents fully and whether there is a need for any modification to the form based on the statute. You can search for Texas Statutory Durable Power of Attorney and Texas Medical... View More

With a ladybird deed in Texas you do actually bypass probate. The name of the beneficiary becomes the owner of the property upon the death of the grantor. One problem I've realized with any outstanding mortgage is that while the beneficiaries do own the home, they never entered into the... View More

Yes there are various online programs that can assist you in drafting a trust. As an attorney I will tell you that most I review dont end up being written to meet my clients goals because there are so many potential options for a client to choose in these programs. If you are ok without knowing... View More

Generally a ladybird deed in Texas can be revoked by the Grantor (your dad). The revocation would need to be signed in front of a notary and then recorded with the County Clerk where the property is located. I'm not certain about whether there are forms on the internet. I would recommend you... View More

If you are a child or heir of the parent that most recently died you would need to hire an attorney to file application to determine heirs ( if died without a will) Most Texas courts take the approach that you must use an attorney. Since you mentioned accounts frozen the order issued at this... View More

Yes both a traditional IRA and Roth IRA are exempt from creditors claims. You can see the Texas Property code section 42.0021 which covers both qualified tax deferred plans and subsection (a)(5) specifically names Roth IRA’s as an included plan. There are a variety of savings plans covered in Texas.

My condolences as it is always hard to lose a parent. You will need to start a probate proceeding in Texas. In most Texas counties they require that you have an attorney since you are not representing yourself actually you are representing the decedent's estate. One issue is that in Texas you... View More

My condolences as I lost my mother 3 years ago and know that is extremely painful so sorry for your loss. To answer your question, No, the authority granted by the power of attorney terminated at the time your dad died. Since he didn't have a Will the rules provided by Texas's estate code... View More

I would highly recommend that you consult with a probate attorney as there are numerous additional facts needed to provide an answer. If no application for probate has been filed then you could potentially open a probate case allowing for a legal distribution of the decedents property. You should... View More

The easiest way to make sure everything goes to your wife is to provide for her in a Will that complies with all formalities required in TX. Generally, you need two witnessed that are in your presence when you sign your Will declaring to them its your Will and you are requesting them to witness you... View More

I notice you refer to your sister as executrix. Is this based on the writing of the Will or did you go through probate? A Will has no legal effect until it has been deemed to comply with all the laws of the state, typically by going through probate. If your sister was appointed by a probate court... View More

This would be a great opportunity to set up a Supplemental Needs Trust (Special Needs Trust). If the funds go directly to the trust, your ability to receive governmental funding should not be affected. You would need to name a trustee that would handle the trust. A Supplemental Needs Trust is... View More

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

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

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

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