(he told me I was the beneficiary). his landlord confirmed they were in his rental. my sister and/or niece found them, removed them from his rental and are denying they exist. Another family member confirmed they exist in a text message. what do I file, a small estate affidavit or a motion to... Read more »
You should contact an attorney immediately in the area where your brother died. If you know the insurance company, you may be able to present proof of death to them and claim any funds specifically left to you.
My brother and I are Co Executors as well as being the only two equal beneficiaries of our mothers estate. Basically, We each own 50% of the estate. I am wanting to know if I can will my 50% to my daughter?
You may will anything you want to your daughter, what counts is what is "actually" part of your estate when you die, for example, if you now own a red F-150 and you leave it to your daughter but later sell it, then it isn't part of your estate when you die. The same goes if you buy a house later...Read more »
were estranged for many years. My mother was told by a judge that she could leave in that home for as long as she please as a homestead property and has been living there for the past 50 yrs. A few yrs ago my mother was told by a lawyer that she had rights to a portion of the property. how do we go... Read more »
It depends on whether the property was bought while they were married. If it was during the marriage it is probably community property and the husband's daughter would rightfully own the 1/2 he had prior to marriage.
If the property was gifted or bought prior to the marriage it would be...Read more »
Trying to refinance home left by previous Husband who passed away 6 years ago without a will. He has 2 sons, 1 is in prison and he does not want to sign the affidavit of heirship. Title company said he may be able to be removed.
An affidavit of heirship that is filed in the deed records must be signed by two disinterested witnesses who attest that the information within is correct. It is not necessary for all heirs to sign it; however, if they have a rightful ownership the title company will not proceed unless they sign...Read more »
You will need to hire a probate attorney in the appropriate area (where the person died/owned property) and file petition with the Court requiring the person to appear before the Court and explain where the will is.
Talk to a probate lawyer who may be able to help with the bank. Each bank has different requirements; however, the first thing they usually say to people is to get "Letters Testamentary" from the Court which you cannot do without a will. I've helped several people with this same situation, much...Read more »
You may be able to file the will as a "Muniment of Title" which would serve to establish ownership in the house. A will is required to be filed within 4 years of death; however, there are circumstances that may prevent it and the Court will still recognize it as a valid will. Contact a probate...Read more »
House was in parent’s name only. I was told by atty that offspring heirs get the house after stepparent dies or decides to move out. I looked on property records online & after my parent died, “estate of (parent’s name)” was listed as sole owner, now 2 years later after probate has been... Read more »
It says we have 21years after 30yrs old to claim our trust before it goes to one of our kids. My dad remarried and I don’t know what to do. Him and his new wife are trying to sell both houses. Me and my brother are mentioned in the will. I’m sure my dad is the executor which is fine but how do... Read more »
It might be possible for you to have a life estate deed where your daughter is the rightful owner after you pass away and you have the right to remain in the house for life without her disrupting that. The right deed is very important as you do not want to lose the tax exemptions.
Note: Other relatives are helping on the process. I have not yet received the "Application to Determine Heirship" still my relatives want me to sign the document without me questioning. Why is that I have to sign the document and what will happen if I do?
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...Read more »
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.
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...Read more »
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