Questions Answered by Tammy Lyn Wincott

Q: Small estate affidavit question

1 Answer | 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.

Q: All I own is a house and property. Can I just deed it over to my heir or is a will needed

1 Answer | Asked in Real Estate Law for Texas on
Answered on Jan 14, 2019
Tammy Lyn Wincott's answer
You may be able to do a "Revocable Transfer on Death Deed" and do a will as a backup. You should speak with an estate planning lawyer who can answer your questions in depth.

Q: Can you keep your vehicle in Chapter 7 bankruptcy? Still paying for vehicle and owe a year and half.

2 Answers | Asked in Bankruptcy for Texas on
Answered on Jan 14, 2019
Tammy Lyn Wincott's answer
You can keep it if you are current on payments and you carry insurance on the vehicle as required. The answer is different if you own multiple vehicles.

Q: Small estate Affidavit use

1 Answer | Asked in Probate for Texas on
Answered on Jan 11, 2019
Tammy Lyn Wincott's answer
Are you referring to yourself as the bearer due to you filing the small estate affidavit or are you on the bank account?

Typically, the bank will disburse the funds according to the small estate affidavit which would mean equally to you and your brothers. This is different if there is another account holder named with your mother.

Q: I'm trying to find out about my case Macon vs. Owens al

1 Answer | Asked in Personal Injury, Civil Rights, Small Claims and Social Security for Texas on
Answered on Jan 8, 2019
Tammy Lyn Wincott's answer
Your question doesn't provide enough detail to answer. If you are wanting the status of a case you are involved with you may contact the attorney representing you or the courts. Many courts allow online access to see the status of your case.

Q: A camper has been left on our property and we’ve asked the owner repeatedly to collect it. What can we do?

1 Answer | Asked in Uncategorized for Texas on
Answered on Jan 8, 2019
Tammy Lyn Wincott's answer
There are methods for declaring something abandoned which will then give you the right to dispose of the property. Check with the appropriate titling agency, i.e. DMV, etc.

Q: Texas Inestate law for an adult child , decedent was married but NOT to childs father.

1 Answer | Asked in Probate for Texas on
Answered on Jan 8, 2019
Tammy Lyn Wincott's answer
Your cousin should contact a probate lawyer in the county where the property is and/or where the person died. Your cousin can open a probate proceeding if necessary or there may be more feasible options depending on the facts of the case.

Q: if my husband dies without a will can his daughter come in and take stuff out of my house that was there before.

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Jan 8, 2019
Tammy Lyn Wincott's answer
I suggest your husband have a will prepared that gives specific items to specific people if that is how he wants them to pass.

Q: Good day.....does the probate attorney typically take care of the change of deed for property willed to defendant?......

2 Answers | Asked in Probate for Texas on
Answered on Jan 8, 2019
Tammy Lyn Wincott's answer
A probate attorney may prepare and file the deed; however, you should make sure in the beginning that it part of the scope of work paid for.

Q: My mother died without a will in the state of TX , by law what do my siblings and I have the right to inherit?

2 Answers | Asked in Real Estate Law and Probate for Texas on
Answered on Dec 5, 2018
Tammy Lyn Wincott's answer
Contact an attorney in the County where your mom has property. You should be able to have a telephone consultation and they are usually free.

Q: What will happen if I take my deceased mother’s will to the judge for probated 11 years after her death?

2 Answers | Asked in Probate for Texas on
Answered on Dec 5, 2018
Tammy Lyn Wincott's answer
Contact a probate attorney. Executors are not really "Executors" until a Court approves the will. In this situation the will would only be admitted to Court if there was a valid reason for not probating it sooner and it would work to transfer title.

Q: Can an IRA with appointed beneficiaries be distributed before probated estate has closed or estate bills have been paid?

2 Answers | Asked in Probate for Texas on
Answered on Nov 14, 2018
Tammy Lyn Wincott's answer
An IRA with named beneficiaries is not an asset that is part of the probate estate. Typically, the beneficiaries are paid once they present satisfactory proof of death.

Q: Dad passed away almost 4yrs ago> Step mother had will drawn up in '87 probated. What are my options?

2 Answers | Asked in Estate Planning and Probate for Texas on
Answered on Nov 14, 2018
Tammy Lyn Wincott's answer
You would need to find an updated will or find a way to contest the will from 1987. An answer really depends on several factors and they shouldn't be discussed in a public forum. I suggest you contact a probate attorney (as my colleague suggested a litigation attorney) for a private consult.

Best wishes.

Q: Questions about a small estate Affidavit

1 Answer | Asked in Probate for Texas on
Answered on Nov 7, 2018
Tammy Lyn Wincott's answer
My condolences on the loss of your mom.

A Small Estate Affidavit can be much trickier than it seems. I've seen too many denied for simple mistakes and you don't get the filing fee back. I suggest you work with an attorney and you should be able to find one for a reasonable fee.

I suggest using the address that is his "permanent" address and a phone number where he can be reached or through a family member's phone.

Q: My parents died without a will. But they left the house to my brother. He wants to sell it. What do we do now.

1 Answer | Asked in Probate for Texas on
Answered on Nov 5, 2018
Tammy Lyn Wincott's answer
If there is no will and there was never a deed that gave the house to your brother then "all" the heirs (your siblings and possibly step-siblings) may have a right to the house. There are agreements that can be made amongst the heirs where either you decline to inherit the property or you receive a different asset or cash value.

The best thing is to speak with a probate lawyer in your area. Most lawyers offer a free consultation.

Q: need a pro bono lawyer in San Antonio, TX

1 Answer | Asked in Probate for Texas on
Answered on Nov 5, 2018
Tammy Lyn Wincott's answer
I'm not sure what you are seeking a pro bono lawyer for; however, you may contact Texas Rio Grande Legal Aid, the San Antonio Bar Association Community Justice program and St. Mary's Justice center to ask about a pro bono lawyer.

Q: Is probate expensive? And who has to pay to go through it? The personal representative? Heirs?

1 Answer | Asked in Probate for Texas on
Answered on Nov 5, 2018
Tammy Lyn Wincott's answer
Probate does not have to be expensive. If there is a will then the person named as the Executor should find a probate lawyer and start the process (providing there are any assets in the estate that need to be transferred). An Executor in Texas must be represented by a lawyer.

Depending on the actual facts in your situation, there may be several ways to disburse the estate, pay debts, etc. I suggest you speak to a probate attorney for specific advice.

Q: i live with my parents and are wanting to give my dogs away, i pay rent and provide for my dogs.

1 Answer | Asked in Animal / Dog Law for Texas on
Answered on Nov 5, 2018
Tammy Lyn Wincott's answer
It sound like your best option is to find another place to live where you can enjoy the company of your dogs. Remember that it is your parents' home and it should be respected as anyone else's, i.e. do not let the dogs cause damage, etc.

Q: Can you go to jail for not paying a vet bill?

2 Answers | Asked in Animal / Dog Law for Texas on
Answered on Nov 5, 2018
Tammy Lyn Wincott's answer
No, but it can hurt your credit and they may seek to get a Court Judgment against you.

Q: Under what circumstances can someone who's 70 years old obtain health insurance from the federal government?

1 Answer | Asked in Elder Law for Texas on
Answered on Nov 5, 2018
Tammy Lyn Wincott's answer
If you're referring to Medicaid, it is generally based on your income and assets. There is also a 5 year "look back" period where your transfer of assets during that time will be closely reviewed and may disqualify you. Speak with an attorney familiar with Medicaid in your area. If you own a home there are estate planning tools to use that would protect your house from going to the government as Medicaid recovery after you pass away.

I strongly suggest you speak with an attorney...

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