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 »
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.
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 »
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 »
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.
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 »
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 »
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...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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?
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