Questions Answered by Tammy Lyn Wincott

Q: is dads original death certificate and myoriginal birth certificate enough to declare heir ship ?

1 Answer | Asked in Probate for Texas on
Answered on Feb 26, 2019
Tammy Lyn Wincott's answer
No. There are a couple of ways of doing heirship in Texas and it depends on what you are trying to accomplish, whether there are other heirs, etc. If you are only trying to transfer title to a house, then one option would be to file "Affidavits of Heirship" in the County Deed Records where the real property is located. If you are trying to obtain funds in a bank account, insurance, etc. a formal proceeding will be necessary. Sometimes a Small Estate Affidavit "SEA" is used; however, it all...

Q: Dad bought house in 1999, married in 2004, Refied house with wife 2016. Does she have part ownership?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Feb 21, 2019
Tammy Lyn Wincott's answer
Since this was asked in Texas Real Estate Law, I will answer according to that. Most likely, the wife obtained a 1/2 interest in the property at the time it was refinanced; however, your dad's will (once admitted to probate) will transfer his 1/2 to the named beneficiaries.

Q: USAA HAS LOST ORIGINAL JTWROS SIGNATURE CARDS FOR PARENTS LARGE ACCOUNTS

2 Answers | Asked in Banking and Probate for Texas on
Answered on Feb 21, 2019
Tammy Lyn Wincott's answer
I suggest you hire an experienced probate lawyer as soon as possible.

Q: If land was willed to my Mother in the state of Texas, does she have to sell her land because the executor wants to buy?

1 Answer | Asked in Civil Litigation for Texas on
Answered on Feb 20, 2019
Tammy Lyn Wincott's answer
First, the will must be admitted to probate before an executor obtains any power. Second, an executor may not buy the land without the agreement of all heirs otherwise there may be a conflict of interest. I suggest meeting with a probate attorney as it may be necessary to file a suit for partition that would result in each beneficiary receiving their share of real property or the sale of the property with proceeds divided accordingly.

This question should be in probate not here.

Q: AUNT IS TRUSTEE / EXECUTOR OF ESTATE. I AM NAMED AS A BENEFICIARY. HOW LONG MUST I WAIT BEFORE RECIEVE MY PART

3 Answers | Asked in Estate Planning and Probate for Texas on
Answered on Feb 20, 2019
Tammy Lyn Wincott's answer
If there was a will and your aunt was named executor then she must probate that will before she can legally act on anything. If the will has already been entered to probate, then your aunt must collect assets and pay all debts before she can distribute the remaining assets to the beneficiaries.

Q: Can a family member claim unclaimed property in Texas if will has been probated?

1 Answer | Asked in Probate for Texas on
Answered on Feb 15, 2019
Tammy Lyn Wincott's answer
If there is no named beneficiary on a life insurance policy, the funds become property of the estate. If his will indicated "all" property both real and personal would go to a beneficiary/beneficiaries then they would be the rightful ones to the insurance. The executor should act upon discovering new estate assets. With the finding of new assets there could be a chance for you to contest a will. I suggest meeting with a probate attorney to discuss further.

Q: If a will has already been probated, how can I find out who the lawyer is to contact him?

3 Answers | Asked in Probate for Texas on
Answered on Feb 15, 2019
Tammy Lyn Wincott's answer
Call the County Probate Clerk's office and they will provide the information.

Q: Hi, how does a surviving spouse "get in" to a probate of a will where daughter was named independent executrix?

1 Answer | Asked in Probate for Texas on
Answered on Feb 13, 2019
Tammy Lyn Wincott's answer
I strongly suggest the spouse consult with a probate attorney as soon as possible.

Q: I live in different states, But I am an executer of my Dad inheritance state, but I haven’t probated he’s wills?

1 Answer | Asked in Probate for Texas on
Answered on Feb 13, 2019
Tammy Lyn Wincott's answer
In Texas a will is not valid and an executor may not act until the will and executor have been approved by a probate court. I suggest consulting with a probate attorney in the proper jurisdiction. If you lived outside of Texas and tried to probate a will here, you would need to name a registered agent within Texas and this is easy to accomplish.

Q: I am the Executor and heir to the decedent's estate in Texas. I have a Deed (unrecorded) to property. There is a will.

2 Answers | Asked in Estate Planning and Probate for Texas on
Answered on Feb 13, 2019
Tammy Lyn Wincott's answer
I'm a little unclear on your question. A will is not valid and you are not the Executor until the will has been entered for probate with a Court. A simple way to transfer property when there are no debts is to probate the will as a muniment of title. I suggest you contact a probate attorney in the appropriate jurisdiction.

Q: My father committed suicide in 2006 & left No will how can we get my moms name on the deed or sell it?

3 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Answered on Feb 13, 2019
Tammy Lyn Wincott's answer
I am sorry for the trauma you and your mother have suffered. I suggest filing the Affidavit of Heirship referred to by the other attorneys. It is most likely the least costly and most efficient way to transfer title when all children are of the same marriage. It gets more complicated if your father had children from another relationship.

Q: So in the Meyer v Nebraska case why was it ruled unconstitutional and what evidence did they have to prove that

2 Answers | Asked in Civil Rights, Constitutional Law and Education Law for Texas on
Answered on Feb 20, 2019
Tammy Lyn Wincott's answer
Then you need to study the case and see what the evidence is, not ask someone else.

Q: My question is What can I can I do to change my mother and fathers house in to my name?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Feb 6, 2019
Tammy Lyn Wincott's answer
I'm not clear if your mother and father are still alive. If they are alive then they may want to execute a type of deed that would give you interest in the property. If they are not alive, then their wills must be admitted to a probate court. If there are no wills then there are other laws that determine who has the rights to their property.

You should consult with a probate attorney in your area.

Q: My brother died, no will. His son may have already contacted a probate lawyer, do I need my own separate attorney. ?

2 Answers | Asked in Probate for Texas on
Answered on Feb 6, 2019
Tammy Lyn Wincott's answer
My condolences on the passing of your brother.

You may want to seek a private consultation with someone other than your nephew's lawyer. A probate attorney will be able to explain the laws regarding dying without a will in Texas and other related issues.

Q: Who owns the car when a partition agreement has been done. No community property agreed. Both names on title. No and or.

2 Answers | Asked in Probate for Texas on
Answered on Feb 6, 2019
Tammy Lyn Wincott's answer
I suggest you contact the attorney that handled the will and partition agreement for clarification on the vehicle ownership.

Q: I need an authorization for my granddaughters estate although she had no estate or bills or amounts due for w-2s

2 Answers | Asked in Estate Planning and Probate for Texas on
Answered on Jan 25, 2019
Tammy Lyn Wincott's answer
Please clarify what it is you need as I'm not understanding the question as is.

Q: My mother passed away 12/29/2016, my sister is the executor of her will. She refuses to finalize the estate.

3 Answers | Asked in Real Estate Law and Probate for Texas on
Answered on Feb 6, 2019
Tammy Lyn Wincott's answer
Was the "will" ever probated in Court? If not, then it is not considered valid. Before an Executor/rix may act on the provisions of a will it must be submitted to a probate court to determine whether or not it's good and if the named executor/rix is qualified to serve as such.

You may want to consult a probate attorney in your area for further information.

Q: In a will property and house were given to me. Aunt is keeping me from getting it. What can I do?

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Answered on Jan 23, 2019
Tammy Lyn Wincott's answer
In Texas a will must be filed and accepted by the Probate Court Judge before anyone can act as an executor or take property. You may call the probate court for the county the property is located in and see if anything has been filed at all. You may be able to file something and request your Aunt come before the Court to show cause as to why she hasn't disbursed the estate. If she is an unfit Executor, you may be able to have her removed.

Q: In a Texas will, when do monthly payments need to be made - after probate approved or after death?

2 Answers | Asked in Probate for Texas on
Answered on Jan 19, 2019
Tammy Lyn Wincott's answer
The terms of the will do not take effect until after the will is admitted to probate; therefore, your first priority should be the application for administration.

Q: Small estate affidavit question

2 Answers | Asked in Probate for Texas on
Answered on Jan 14, 2019
Tammy Lyn Wincott's answer
I have already answered this question in another area.

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.