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Questions Answered by Tammy Lyn Wincott
4 Answers | Asked in Estate Planning for Texas on
Q: I want to leave everything to my wife. But it is a large estate.....$30 million or so. Is it all tax free to her?

If I leave her everything except $2milion to 3 children, is all still free of estate tax?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on May 15, 2020

I suggest you sit with an estate planning attorney as you may want to consider setting up a trust as well as other options. Texas does not have an inheritance tax; however the IRS does and that's where it can become complicated very quickly. Whether you are speaking of a few hundred thousand... Read more »

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3 Answers | Asked in Probate for Texas on
Q: All of the heirs to my Father's estate are listed on the Will, but not as an executor, what does this mean?

None

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Feb 20, 2020

There is only one executor or co-executors and the heirs listed are most likely beneficiaries under the will. You will need to look carefully to see what section they are listed under.

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2 Answers | Asked in Elder Law for Texas on
Q: Can anyone give me information on what to do about elder mother not able to live alone. I live in Tx

I live in Tx. with my mother who is 84 and I know she has some form of dementia but hasn't been diagnosed by a specialist. I can't get her to go to the neurologist even though her regular dr wanted her to be evaluated. She needs help either needs to be placed in a home or... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 29, 2020

Many of the counties have probate/guardianship courts that will send investigators out; however, I am not sure about the county your mom lives in. In this situation it is probably best to call APS.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Do I include my bank savings statement along with my checking when asked to submit my bank statement by chapter 7 truste
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 29, 2020

Yes. The Trustee wants to know everything about your finances.

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2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: parents died without a will, affidavit of heirship filed, how can deed be placed in younger sister's name if all agree?

property is in willacy county and we live in brazoria county

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 29, 2020

Have a lawyer draft the deed, don't atempt to do it yourselves and don't use a quitclaim deed.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Can I add a creditor I forgot on my chapter 7 bankruptcy petition even though I filed on the 6th of January? If so, how?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 23, 2020

Yes you can amend and add a creditor better to do so as soon as possible. It's necessary to do new declaration statements, etc. though so you should carefully review all the steps. This is a general forum and not meant to give specific details. You're better off paying an attorney a... Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: I was given the title and to my grandma's house and the deed is in my name can my family try to sue me for it.

The house has been in my name and on the deed for 8 years and I have been paying the year taxes but I don't live in the house yet until my grandmother passes.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

As long as your grandmother was of sound mind when she signed the title over to you and it's been properly recorded and there was no undue influence or duress they should have no grounds to sue you. When a family member gets closer to the end of their life it's very common for other... Read more »

2 Answers | Asked in Family Law and Child Support for Florida on
Q: Can my child's mother have what I owe in back child support erased? Our son is 21 and lives on his own.

I owe my child's mother back child support. I was paying her for years through Western Union and she wasn't reporting it. I was able to get that taken off what I owe because I was able to produce proof of the payments. Fast forward a few years, and she said she is willing to have the... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

In many States the custodial person can sign an affidavit stating they have received the money and there isn't anymore due; however, it will depend on whether there is any money due the State for medicaid recovery, etc. You can check the State's child support website for more information.

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1 Answer | Asked in Child Support for Texas on
Q: Who does one contact? Child support is not being received after paid by non-custodial parent.

I am the custodial parent. My children's father gets disability. Child support is taken from his check. Well I stopped receiving it back in November. I've contacted the OAG who stated they have not received anything from him. I confronted him, at which he showed me the garnishment... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

If he's receiving disability then he should find out if disability is turning it over to the OAG office or holding it. It's his responsibility to make sure you get it.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it legal for a 55 plus park to stop you from renting your mobile home to another person

The park is telling us that we are not allowed to rent out our trailer anymore

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

Check the rules that you agreed to when you leased the lot.

2 Answers | Asked in Probate for Texas on
Q: If child 18 yrs died 4 1/2 months AFTER her father in TX, is she an heir equal to her 4 siblings and 2 step siblings?

I asked Atty probating husband's estate several times in writing about deceased daughter. Atty said deceased child wasn't an heir; did not inherit share equal to siblings. Despite my concerns Atty filed estate documents w/out incl. deceased child as an heir. Now Atty sent me deed from... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

If the daughter lived for 4 1/2 months after the father passed away then she is considered an heir at the time of his death because she was alive. At this point her share would belong to her estate or whomever it has been determined her estate belongs to. If there is a court probate proceeding... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Environmental for Texas on
Q: my daughter is 13 and has 20 hours of community service she only did 10 because she ran out of space on the sheet whats
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

Please complete your question. Your daughter can make copies or ask for another sheet.

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: I was awarded the house in the divorce, what happens if my husband is not out of the house by the time the judge set?

The judge has the date and time set for January 27th at 5PM for him to vacate the house.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

You may need to file an enforcement action on him or an eviction.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Can I find any information on whether my father left a will in Texas?

My father lived and died in Waco Texas. He died on September 9, 2019.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 20, 2020

You can call the Probate Clerk department for the County where he lived to see if he deposited the will for safekeeping or if he regularly used a lawyer you may want to ask them if they ever prepared a will for your dad.

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3 Answers | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: What can be done when the state seeks guardianship of my dad?

Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 20, 2020

Consult with an attorney who is approved to handle guardianships as your father is going to need some type of help and either the State is going to seek a guardianship or you may do so. You might argue that he already has alternatives to guardianship in place; however, no one has power over the... Read more »

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3 Answers | Asked in Bankruptcy for Texas on
Q: Is it standard to only have to file 60 days of pay statements with your chapter 7 BK petition?

I've been reading that you may have to file bank statements, tax returns, etc. I was only told that I needed to file the 60 days of pay statements for my wife and I with the petition and so I did.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 20, 2020

You will be contacted and advised what you will need to provide. Pay close attention and be sure to get the documents requested as soon as possible.

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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: How can I avoid probate of my house in NC upon my death? I'ma widower. Are a Trust or life estate the only options?

All other non-real property is set via POD designations to pass equally to my two adult daughters. My goal is to avoid probate.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You may be able to do a life estate deed. You should consult with an estate planning attorney in your area.

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1 Answer | Asked in Contracts, Family Law and Child Custody for Michigan on
Q: Our court order says “parenting communication is strictly between parents” no third party contact unless emergency...

Can my wife go to doctors appointments, school conferences or is that going against “no third party contact” and “parenting communication strictly between parents”

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Generally that means that the parents should communicate directly with each other and not boyfriends/grilfriends or new spouses.

Both parents should be involved in the childrens education and health regardless of whether you are still together or not. It is in the best interest of the...
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4 Answers | Asked in Divorce and Family Law for Texas on
Q: Can I file a divorce case in dallas if I was not physically living there for the past 6 months ?? it was my home before

Lived in dallas for about 10 months then went to canada on a vacation and now in Virginia for 2 months.. can I still file a case in dallas for divorce as it was my marital home. Will the residency issue stop me from filing ? Current expecting my first child so cannot travel immediately

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You must have had Texas has your home state for the preceding 6 month period and been in the particular county you file in for 90 days up until time of filing in order to gain jurisdiction.

You will not be granted a divorce if you are pregnant.

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2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I transfer my dads guardianship from california to texas. We have already moved and I have guardianship of him .

He lives with me and I am his caregiver

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You will need to hire an attorney who handles guardianships to assist you with this. It is going to require petitioning the Courts in both CA and Texas.

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