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Questions Answered by Tammy Lyn Wincott

2 Answers | Asked in Estate Planning and Probate for Texas on

Q: Where can I find samples of petition clerk sends citation to beneficiaries

Regarding probate

Tammy Lyn Wincott answered on Jul 18, 2019

The Clerk does a public posting of the probate; however, the Executor or the Executor's attorney will send notice to the beneficiaries which typically includes the order admitting the will to probate, a copy of letters testamentary issued and a copy of the will. It is necessary to file a... Read more »

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2 Answers | Asked in Estate Planning and Probate for Texas on

Q: My stepmom sold my dadproperty with out me knowing she only listed her kids and not me on court documents what can I do

My dad was married but separated when he had me. Now she will not list me as a child of his only her children she had with my dad and she knows I exist. She had even had court papers notarized with me not being as a child of his. She did a heirship affidavit and my name is not as a descendent.

Tammy Lyn Wincott answered on Jul 17, 2019

I agree with Ms. Garrett; you need to take all paperwork to a local probate attorney.

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1 Answer | Asked in Real Estate Law for Texas on

Q: Real Property or Manufactured Home

Our home was purchased as real property in 2015. But then changed!

Back ground, our home was a large manufactured home that was pit set on a full slab and full concrete foundation. There is a large add on with 3 car garage and living areas of 2200 sqft with a finished basement. Everything... Read more »

Tammy Lyn Wincott answered on Jul 15, 2019

Have you listed your home as "Homestead", real property, with the Texas Department of Housing and Community Affairs? https://www.tdhca.state.tx.us/mh/ownership-location.htm (you will have to copy and paste). Many times the deed records and/or county tax appraisal has it listed as real property;... Read more »

1 Answer | Asked in Estate Planning for Texas on

Q: Can a will in texas sate everything goes to a person or does it have to be listed out what goes to a person.

Tammy Lyn Wincott answered on Jul 10, 2019

You may simply state you want all personal and real property or property of whatsoever nature to go to one person. You don't need to itemize it; usually, people no longer own the things they did before or already gave them away.

2 Answers | Asked in Federal Crimes, Probate and Securities Law on

Q: What is the law on prison break in alabama?

What are the punishments and laws on prison breach?

Tammy Lyn Wincott answered on Jul 9, 2019

Please remove the question from probate.

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1 Answer | Asked in Estate Planning and Probate for Texas on

Q: I was live-in, sleep with (no sex), caretaker of man, 87 for 14 mo's. He died 7/2019 with All legal docs complete.

I'm not in legal docs. We grew close. He said kids get everything in Will. He VERBALLY gave me everything, including cash, in the house and insisted I live there as long as I want. On paper he wrote statement that Executor should sign auto over to me. Executor is refusing all of the above.... Read more »

Tammy Lyn Wincott answered on Jul 9, 2019

His will needs to be filed in a court in order to be valid. Depending on the paper statement the executor (not officially an executor until they go to court) may need to sign the auto over. If you weren't family in anyway, you're rights are limited; however, you may have a right to claim... Read more »

2 Answers | Asked in Probate for Texas on

Q: Is there any recourse for falsifying probate records claiming a person died in a different state?

Tammy Lyn Wincott answered on Jul 9, 2019

In all probate cases I've been involved with, a death certificate must be presented to the court as well as the statement saying where person died, etc. If you believe the person falsified the death certificate as well it might mean higher charges.

You should follow the advice of the other...
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1 Answer | Asked in Real Estate Law for Texas on

Q: I have a lien on a house in Dallas tx. The homeowner did a warranty deed to construction company. Do they pay my lien?

Not sure if it was sold or loan. Warrant deed was done $20,000, house fixed up, now for sale. My lien is recorded.

Tammy Lyn Wincott answered on Jul 5, 2019

Did the homeowner sell the property to the construction company?

In order to be valid your lien must be properly recorded.

1 Answer | Asked in Estate Planning and Probate for Texas on

Q: My mom n laws husband passed away, he did not leave a will, his son is saying he wants his half of property when she die

How is he entitled to anything if he did not leave a will and if he is how is it half when she has her own children, my wife and two brothers?

Tammy Lyn Wincott answered on Jul 5, 2019

In Texas when a spouse owning community real property passes away and there are children involved from another marriage/prior relationship, etc. the deceased person's share goes to their children; however, the living spouse has a life estate interest. In other words, even though the other spouse's... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on

Q: What rights do we have?

My boyfriend has lived in the same house for just about 30 years now. It was signed over to his father by his grandfather, who then signed it over to his mother for back child support. He has never had to pay rent but has paid on the 3 mortgages against the house she has taken out.. she has not... Read more »

Tammy Lyn Wincott answered on Jul 3, 2019

Your boyfriend may have established what's commonly referred to as a "tenant at will". The landlord/owner has to give 30 days notice to vacate. If a tenant refuses to vacate, the landlord/owner must then pursue an eviction proceeding through the courts.... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on

Q: My husband passed and he had a prior relationship but was never married to her. Am I required to provide her with a copy

Of his death certificate?

Tammy Lyn Wincott answered on Jul 1, 2019

No. If there is a relative, they can obtain their own death certificate.

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1 Answer | Asked in Probate for Texas on

Q: The value of an asset is established through probate as of date of death. How do increases/decreases get reconciled?

For example; a stock portfolio will increase or decrease during the time of probate. How do those gains/losses get distributed?

Tammy Lyn Wincott answered on Jun 27, 2019

If you inherit real estate or any stocks that are held outside of an IRA or 401(k), then in the year when you sell the real estate or stock you may incur capital gains taxes based on the difference between the inherited value of the property (which receives a “stepped up basis” as of the date... Read more »

1 Answer | Asked in Estate Planning for Texas on

Q: I bought a puppy from someone online she told me he had shots but didn’t give me the shot record a asked and she said

She couldn’t find it. I asked for a partial refund and she has not reply ever since. Can I file a small claim against her if I found out her address and name with her phone number ?

Tammy Lyn Wincott answered on Jun 26, 2019

This question does not belong in estate planning.

1 Answer | Asked in Estate Planning for Texas on

Q: My sister died predeceasing my father widowed, but was willed fathers house, her children are living.

Does this mean the probate court would use Anti Lapse Statute?

Is there a line of Descendants this actually uses. What about lineal descent ?

Tammy Lyn Wincott answered on Jun 25, 2019

You need to take the will or a copy of the will to a probate attorney. It's impossible to give you an answer without knowing exactly what the will states.

3 Answers | Asked in Probate for Texas on

Q: What happens if you do not file a will in Texas probate.

Under what circumstances make it possible to not have to file a will with the court?

Tammy Lyn Wincott answered on Jun 24, 2019

You are supposed to file a will within 4 years; there are some exceptions for filing late; however, not many. Assets don't get turned over to the state just because someone dies without a will; as answered before, intestate is a term for how the State determines who inherits property if there is... Read more »

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1 Answer | Asked in Real Estate Law for Texas on

Q: I’m trying to get my mothers portion of the access funds because their are 13 other lien holders

My mother’s house was sold for more than what it was worth leaving access funds in Harris County Court House. At the trial level I was denied (even though I have valid Will) because I didn’t satisfy Texas code 34.04. Now, the appellate attorneys are fighting me saying this, that, and the other... Read more »

Tammy Lyn Wincott answered on Jun 22, 2019

Has the will been admitted to probate showing you are the rightful person owning an interest? Just because you have a will does not mean it is valid until a court validates it through the probate process.

1 Answer | Asked in Estate Planning for Texas on

Q: Our Aunt named me and my brother executors of her estate. Under the Texas Estate code, are we BOTH entitled to 5%.

Tammy Lyn Wincott answered on Jun 20, 2019

This is a question you should be asking your probate attorney. If you don't have one then you need to get one before anyone may act as an executor.

1 Answer | Asked in Social Security for Texas on

Q: I was recently granted disability. I asked my lawyers office if that included social security and the girl said no

Social security office said that I can’t apply for both. Which is correct?

Tammy Lyn Wincott answered on Jun 20, 2019

Ask the Lawyer in the office not the "girl".

1 Answer | Asked in Real Estate Law for Texas on

Q: Is there a law in texas that relates to someone filing a forged/falsified document

Is there a law in texas that relates to someone filing a forged/falsified document (specifically a Warranty Deed to Trustee) in the County clerks office (as public record) and then being used (since it was filed) to have the appraisal district change the warranty deed on my home?

Tammy Lyn Wincott answered on Jun 20, 2019

There are not enough facts, etc. to answer this question. If you suspect a fraudulent deed, I suggest you contact a real estate lawyer in the appropriate jurisdiction.

1 Answer | Asked in Real Estate Law for Texas on

Q: My grandparents gave my mom a home but now they (Gp's) are trying to sell it. What are mom & dads rights?

They never transferred title for tax reasons (grandparents are both still living).

Mom lost title and note from grandpa stating he gifted her the house.

Parents have lived in house for 23 years and mom moved out but dad still lives there and many of moms things are still at the... Read more »

Tammy Lyn Wincott answered on Jun 20, 2019

I'm not clear if this question pertains to a property in Texas or not?

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