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Questions Answered by Tammy Lyn Wincott

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

Q: my brother passed in tx, he left a holographic will (I was told I was to receive everything) and a life insurance policy

(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 »

Tammy Lyn Wincott answered on May 22, 2019

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.

2 Answers | Asked in Estate Planning for Texas on

Q: Can I will 100% of my 50% to my daughter?

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?

Tammy Lyn Wincott answered on May 22, 2019

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 »

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1 Answer | Asked in Real Estate Law for Texas on

Q: Hi Mr Marvin! my mother's husband died without making a will. He had a daughter from a previous relationship but they

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 »

Tammy Lyn Wincott answered on May 3, 2019

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...
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1 Answer | Asked in Real Estate Law for Texas on

Q: how do I remove someone from affidavit of heirship if they will not cooperate and sign document. they are in Prison?

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.

Tammy Lyn Wincott answered on May 3, 2019

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 »

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

Q: Is it illegal to hide a will after someone has died ? And what can be done to force someone to produce a will ?

Tammy Lyn Wincott answered on May 3, 2019

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.

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

Q: Father deceased no will I sold house,no wife or children just me how do I close bank account $1700 no debts

Father deceased July 2018 bank asking for court papers what do I need

Tammy Lyn Wincott answered on May 3, 2019

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 »

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

Q: My spouse died 13 years ago, and I don't have her will. She had 2 children. I've decided to sell house. What do I do?

Will was never probated, didn't seem neccessary. Only thing we had was house. car, and her personal effects which the children got. They support me selling the house.

Tammy Lyn Wincott answered on May 3, 2019

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 »

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2 Answers | Asked in Estate Planning for Texas on

Q: my mom passed away and we had a joint checking account at Chase. Does this go to the estate? in Texas

Tammy Lyn Wincott answered on May 3, 2019

It will depend on the actual terms of the account. I suggest contacting the bank directly.

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

Q: My parent died intestate. I’ve been told Texas law allows stepparent to lifetime rights to live in house.

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 »

Tammy Lyn Wincott answered on May 3, 2019

I suggest you check probate records and speak directly with a probate attorney that can help determine the situation and correct anything that may be wrong.

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1 Answer | Asked in Probate for Texas on

Q: 5yrs later my dad hasn’t probated the will. There’s a trust. It says we can claim when we hit 30 yrs of age.

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 »

Tammy Lyn Wincott answered on Apr 12, 2019

If he never probated, you may need to file a show cause action in the appropriate jurisdiction. You would be demanding he appear in court and explain why the will was never probated.

2 Answers | Asked in Real Estate Law and Probate for Texas on

Q: Texas: Father died in Mar, in Oct transf deed to my bro w/o telling my mom. Mom is not on the deed. What can she do?

Mom and I have paid taxes on this property no brother. I have proof. Father has history of criminal acts. This property was acquired during their marriage.

Tammy Lyn Wincott answered on Apr 8, 2019

If you are referring to a Transfer on Death deed, both owners are required to sign. On other deed types your father can only transfer his share.

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2 Answers | Asked in Elder Law and Real Estate Law for Texas on

Q: I would like or sell my townhome to my daughter and remain in the home. What are the issues?

I would be paying all insurance and taxes, upkeep. I would like to maintain a homesteader exemption.

I would like to have more available income to travel. Not interested in a reverse mortgage.

Tammy Lyn Wincott answered on May 3, 2019

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.

Contact...
Read more »

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1 Answer | Asked in Elder Law for Texas on

Q: Can I pay myself as POA as my Mother's POA and what would be considered reasonable?

Tammy Lyn Wincott answered on Apr 5, 2019

Only if the POA allows you to be paid.

3 Answers | Asked in Probate for Texas on

Q: My brother passed in TX. No will, no spouse, adult children. Estate valued -$3k. How do I avoid probate?

I am nearest living relative. Family agrees I am executor.

Tammy Lyn Wincott answered on Apr 5, 2019

I'm sorry for your loss.

If there is no will then there won't be an executor. You say the estate is less than 3k; however, you don't advise what assets are in the estate.

I suggest contacting a probate attorney to discuss privately and they will be able to give you options.

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1 Answer | Asked in Elder Law for Texas on

Q: My brother is the oldest and in charge of my moms funeral arrangements but my sister had life insurance policy my brothe

Tammy Lyn Wincott answered on Mar 26, 2019

Please complete your question in order for us to understand.

1 Answer | Asked in Family Law, Real Estate Law and Civil Litigation for Texas on

Q: Father/death. Mom decides to write her testament. County judge says,we need to sign a Waiver of Citation.What if I do?

Texas Case

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?

Letter says:... Read more »

Tammy Lyn Wincott answered on Mar 26, 2019

You should consult with a probate attorney in your area. If you sign the waiver as is, you may be giving up rights that you don't want to, i.e. notification of hearings, etc.

1 Answer | Asked in Probate for Texas on

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

Dad passed away without a will ... is certified copy required or will original do ?

Tammy Lyn Wincott answered on Feb 26, 2019

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 »

1 Answer | Asked in Real Estate Law for Texas on

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

Wife’s name is also on warranty deed from time of refinancing. Dad passed, will from 1998 name only children as heirs.

Tammy Lyn Wincott answered on Feb 21, 2019

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.

2 Answers | Asked in Banking and Probate for Texas on

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

USAA IS ACTING LIKE "THE DOG ATE MY HOMEWORK" - THESE ACCOUNTS WERE GIVEN TO ME

VIA TOD BY MY MOTHER WHO SURVIVED MY FATHER BY ONE YEAR.

THERE IS GOING TO BE A PROBATE FIGHT OVER THESE LARGE ACCOUNTS UNLESS WE CAN

PROVE JTWROS (WHICH IS ON THE STATEMENTS SINCE 1990) VIA... Read more »

Tammy Lyn Wincott answered on Feb 21, 2019

I suggest you hire an experienced probate lawyer as soon as possible.

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1 Answer | Asked in Civil Litigation for Texas on

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?

There are 5 children in which this 67 acre land and home were left to in equal shares.

Tammy Lyn Wincott answered on Feb 20, 2019

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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