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Questions Answered by Terry Lynn Garrett
1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: my sister passed on Friday March 27, 2020. She was living a home that her husband left her in a trust?

How do I get her thing out if her caretake is still in her home?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 2, 2020

Once the court has appointed you administrator or executor of her estate, you will have authority to take possession of all her property and evict the care giver. If you have evidence that the caregiver is filching property, you might want to file a Motion for a Temporary Restraining Order.... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: my brother died with one living child under the age of 18, and my adult nephew sold his truck

there was no will and his cars were at my adult nephews house and he has since sold the truck

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 30, 2020

Clearly he had no legal authority to do so. Please contact a local probate lawyer to determine what can be done.

2 Answers | Asked in Probate for Texas on
Q: My father passed 4 years ago & I havent gone through probate court yet. Are there legal ramifications for this?
Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 29, 2020

Someone can still probate your father's Will if they did not have access to it earlier. However, it can only be used to pass title. Contact a local probate attorney to guide you through the process.

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2 Answers | Asked in Criminal Law and Probate for Texas on
Q: Is the COVID pandemic a good reason to call for continuance on a motion to revoke probation hearing?

I have a hearing to revoke my probation on April 2nd, but would like to postpone for 6-12 weeks, To see how the situation develops in Texas. My mother is diabetic and over 55 with no family in the states. I mainly want to be around in case the situation gets worse and she has no one to go shopping... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 22, 2020

Definitely -- and you might get it.

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2 Answers | Asked in Domestic Violence, Elder Law, Family Law and Divorce for Texas on
Q: If my grandmother is in an abusive relationship with My Grandfather and she refuses to leave him what if I left him

Is it illegal if I leave my Grandfather somewhere stranded so my Grandma wouldn't have to be abused by him anymore

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 26, 2020

This sounds like a very bad idea, possibly abusing an elderly person.

Rather than take the law into your own hands, you might report your grandfather to Adult Protective Services and consult with an elder law attorney about how to protect your grandmother. You can locate one near you using...
Read more »

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1 Answer | Asked in Estate Planning and Family Law for Texas on
Q: Can marriages couples can protect there pension In case of a future divorce in texas?
Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 22, 2020

During the marriage a spouse can write to the plan administrator waiving his or her right to inherit 401k or similar benefits. Be sure to send the letter CM RRR and keep a copy.

If a company pension is involved, not a 401k, check with the pension plan administrator.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My father had two siblings, my uncle and Aunt and they all inherited land and houses from my grandparents. Recently my

My father had two siblings, my uncle and Aunt and they all inherited land and houses from my grandparents. Recently my aunt and uncle sold the land and houses. Was any of that supposed to go to my dad or were we supposed as his children entitled to disbursement .

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 21, 2020

If the land and houses they sold included your father's inheritance, ordinarily his share should have gone to him and, if he died, to his beneficiaries under a Will or, if he had no Will, to his heirs at law. The answer could be different based on the language in your grandfather's Will.

1 Answer | Asked in Consumer Law, Collections and Elder Law for Texas on
Q: No one responded to my question so I'll ask it again. Am I responsible for my late mother's debts?

Mom had been in and out of hospitals, nursing homes before she passed. However, she did owe because insurance, medicare didn't pay. In fact the last nursing kicked her out because insurance ran out.

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 20, 2020

No. Your mother's estate is responsible. You are not. However, you can not inherit anything until the debts have been paid.

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

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 20, 2020

The beneficiaries are people who inherit after all the debts are paid.

The executor is the person who gathers the property, pays the debts and distributes the rest according to the Will.

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2 Answers | Asked in Estate Planning for Texas on
Q: Can one stipulate that property children inherit later be divided amongst their living siblings upon their death?

What if I were to want to leave property to my children equally, but when they also pass away, have them leave what was inherited from me to their living siblings first and not their spouses, children, etc. Is that an option?

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 15, 2020

To do this you should leave it to them in trust, not outright.

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3 Answers | Asked in Probate for Texas on
Q: What do I do if uncle says I receive no inheritance from grandparents, doesn’t show me the will, and hasn’t filed it?

The will supposedly went like this: If one grandparent died, the spouse gets all. Then it was divided equally among their 2 children.

However my father passed before my grandparents. When my father learned he had terminal cancer, he mentioned that my siblings and I would receive his share... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 12, 2020

Hire a local probate lawyer to help you file an Application to Determine Heirship. If your father predeceased your grandparents, you and your siblings would inherit his share -- unless there is a Will which states otherwise.

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2 Answers | Asked in Probate for Texas on
Q: My mom passed away and she left me a large some of money, but my step dad says I have to wait until he dies? Why ?
Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 4, 2020

Maybe he does not understand how the Texas rules of descent and distribution work. Contact a local probate attorney about probating the Will or filing an Application to Determine Heirship.

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1 Answer | Asked in Estate Planning for Texas on
Q: My father died withoit a will in Louisiana in 06 my mother did a succession there are three living children one decease

Who left on gradchild, the property is under $100,000 Can I do a small affidavit succession

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 4, 2020

If your mother has already filed a succession, aren't you too late?

1 Answer | Asked in Elder Law for Texas on
Q: What are my rights to protect a 55 year old mentally and physically disabled brother?

My 55yr old special needs brother has lived in a nursing home for four years. Prior to that, he has lived in group homes, assisted living facilities, apartments, and two other nursing homes. All were short stays as each ultimately ended with him being asked to leave. He is doing well where he is... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 4, 2020

There are only six legal reasons for discharge from a nursing home which accepts Medicare or Medicaid. The one this facility seems to be relying on is an allegation that he no longer needs nursing home care. Gather his medical records to show that this is not true. Also show why a discharge to a... Read more »

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

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 28, 2020

Relying on the Affidavit of Heirship (which a court will not enforce until it has been of record for five years with no one complaining that they were omitted), each of the other siblings can sign a special warranty deed granting their interest in the property to the younger sister as a gift. They... Read more »

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2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: I am POA for senior parents. What is the liability for them & me if they get in an auto accident?

Both of my parents (aged 85 and 87) currently have active Texas licenses and auto insurance. Their physician tested and diagnosed them both with mild dementia Nov 5, 2019. They are both still able to dress, bathe, shop, etc. for themselves, just getting a little confused, weaker, repeating... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 27, 2020

You are liable for negligence. Whether a jury will rule that you were negligent in continuing payments for car insurance and gas and not taking away the keys or disabling the car cannot be accurately predicted.

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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 estate to... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 22, 2020

Hire a local probate attorney and do this ASAP.

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1 Answer | Asked in Elder Law for Texas on
Q: I am 80 years old, what are the pros and cons of selling my home, putting the cash in the bank, and renting a home?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

Given your age, this largely turns on (1) whether you are one of the over 70% of Texans who must apply for Medicaid to pay for long term care and (2) whether you are willing to enter a Medicaid nursing home in order to preserve the home for your spouse, child or whomever else you want to leave it... Read more »

1 Answer | Asked in Elder Law and International Law for Texas on
Q: What practice area would apply to an international high dollar love scam regarding an USA elder man and foreign lady
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

This is elder exploitation, handled by some elder lawyers and investigated by the FBI.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Does paying back taxes on a commercial property whose owner deceased with no will; property in probate, give ownership?

Deceased 3 years ago and heirs have no interest in the property, likely due to all the back taxes.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

No. After the heirs probate the estate and receive their distributions, they may sell the property. Or a creditor may probate the estate, file a claim, be reimbursed and, after all bills of the deceased and the estate are paid, distribute what remains to the heirs. Contact a local probate... Read more »

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