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Questions Answered by Terry Lynn Garrett
1 Answer | Asked in Criminal Law, Family Law and Elder Law for Texas on
Q: An elderly friend is being kept in a rehabilitation facility against her will. Who can help?

She became critically ill 3 months ago. She was hospitalized then sent to a rehabilitation facility when she began to recover. Her daughter has a medical power of attorney. She has been okayed by her doctors for release but her daughter will not allow the facility to do so. The daughter (and other... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 6, 2021

Other than your friend herself, the only person who can decide where she lives is a guardian of her person. An agent under a Medical Power of Attorney does not have this authority. An agent under a Medical Power of Attorney only has the authority to convey someone's wishes when they cannot... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Is there recourse if a trustee tells a beneficiary they aren't in the will when in fact they are?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 4, 2021

The person named to settle an estate in a Will is called an executor. The person named to administer a trust is called a trustee. What someone said or did not say is difficult to prove. However, once submitted for probate, a Will is a public document. Once appointed administrator, an executor... Read more »

2 Answers | Asked in Estate Planning for Texas on
Q: As a surviving child...how can I be deemed tbe executor of my fathers estate?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 1, 2021

If your father had a Will in which he named you executor, present that to the local probate court. If not, file an Application for Determination of Heirship and Issuance of Letters of Administration. Hire a local probate lawyer to help you.

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1 Answer | Asked in Probate for Texas on
Q: My grandmother was awarded conservatorship of me as a child. She unfortunately passed away without a will. Am I a heir?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 25, 2021

If your grandfather survived her, he is her heir. If not, her children are. You are only counted among them if she adopted you. But if she was awarded guardianship because she is the parent or your parent who died, you inherit through that parent.

1 Answer | Asked in Elder Law and Wrongful Death for Texas on
Q: Frail Elderly visitation has been overlook due to caregiver has place No Trespass Notice for 4 years.

Caregiver works full time and dad is 88 years old stays all alone without no family contact. How do I present a case cuz the autopsy report does not show the caregiver in favorable eyes!

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 24, 2021

More information is needed to respond to your question. Please consult an elder lawyer in your area. You can locate one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)

2 Answers | Asked in Wrongful Death, Estate Planning, Family Law and Real Estate Law for Texas on
Q: The Frail Elderly Family Protection Act: Can it over turn the appointment of the POA & MPA due to wrongful death?

Forensic pathologist reported youngest sibling murder my mother.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 24, 2021

A power of attorney expires with the person who granted it.

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1 Answer | Asked in Estate Planning, Adoption and Probate for Texas on
Q: I was adopted after my mother married my dad 1964. They had a natural to both daughter 10 yrs later. My father passed a

My mother and her mother is not dividing things up evenly she’s partial to her youngest. I was promised things by my dad but my sister has ended up getting 3/4 of things what can I do

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 22, 2021

The answer turns on what the Will said. Adopted and born children are both the couple's children under the laws of heirship, which would apply if there was no Will.

From your description, it is not clear that either estate was probated. You may be writing about small items of greater...
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1 Answer | Asked in Elder Law and Landlord - Tenant for Texas on
Q: Can my apartment complex not do needed repairs which affect my apartment?

6 yrs ago, my upstairs neighbors' kitchen sink , garbage disposal and dishwasher water kept coming up in my sink and finally flooded my apartment. They fixed it then but its doing it again now. The complex changed hands and I have been asking and even begged them a couple times since January... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

Contact the renters' council in Temple. If there is none, try the Travis County Renters' Council.

1 Answer | Asked in Estate Planning for Texas on
Q: Dads will gives estate to mom and then by 3 sons. One son has since passed away. Does his widow have heirship to his?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

It depends on what the Will says. It is common to state that the children or the siblings of a predeceased beneficiary inherit. It is uncommon to state that the spouse does.

1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Q: my landlord/friend passed away & no will. Now his sister is taking me to eviction court no probate. What can i do?

None of his family has been around in 20 years. This is crazy yet sad. There are alot to be involved in probate court to get their portion.His greedy sister should go back to the rock she came from.what can i do

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 15, 2021

Move. The executor or administrator of the estate has a legal duty to sell property to pay debts and distribute the remainder according to the Will or, if there is no Will, the state's laws of inheritance. This may involve evicting tenants. Neither occupancy nor friendship confer ownership... Read more »

1 Answer | Asked in Probate for Texas on
Q: What next of kin can open probate on a property when owner dies intestate? How long is the process typically?

I'm a Realtor and a property nearby has been vacant for 2 years (owner passed). No will. No immediate family. I would like to contact next of kin to start probate process so I can sell the property for them.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 9, 2021

Any heir or creditor can file an Application for Determination of Heirship and Issuance of Letters of Administration. It typically takes about three months to get to a hearing as all the heirs must be found and two people who can testify as to the decedent's marital and family history must be... Read more »

2 Answers | Asked in Estate Planning for Texas on
Q: What is the difference between an Affidavit of Heirship and Application for Determination of Heirship.
Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 3, 2021

An Affidavit of Heirship is signed by two witnesses who will not inherit but knew the decedent well enough to swear to marital and family history. It is sometimes also signed by one or more heirs. It is filed in the county deed records. It does not pass title/ownership of anything.

An...
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1 Answer | Asked in Probate for Texas on
Q: Have a small probate case that needs corrections prior to disbursement of minor proceeds to heirs in Cameron County. Hir

two lawyers and case not done. I have invested about $4,900 and the estate is worth about 13,000. There is a disgruntled heir. The court will not let me represent myself. I have Texas Legal protection plan. Is there a Honorable Attorney that will finish case for me ?? They are impossible to locate

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 1, 2021

Honorable attorneys are not impossible to locate but you may have to hire one who does not accept Texas Legal Plan, especially if there is a disgruntled heir and possible litigation.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Parent past away, did not leave a will. What steps need to be done to transfer deed to family immediate family member

There are ten siblings. Can all ten be named on the deed or would it be best to identify one person?

Terry Lynn Garrett
Terry Lynn Garrett answered on May 31, 2021

One of the siblings must hire a local probate lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration. All the others may sign a Distributee's Agreement agreeing to that person acting as administrator with power of sale. After the debts are paid,... Read more »

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Father & Son are Sr. & Jr. Father's property deed does not say Sr. How do we prevent Jr. from claiming it after Sr dies?

Texas

Terry Lynn Garrett
Terry Lynn Garrett answered on May 20, 2021

Promptly file to probate the Will or determine the heirship.

Also look at the deed to father for the title "Sr." or a date at which son would have been too young for it to have been a deed to him.

2 Answers | Asked in Estate Planning for Texas on
Q: Brother had a will , never filed in court , but was notarized ... will declared he was leaving his estate to his brother

Brothers & sisters ... one brother prediceased him by at least 2 years ... the deceased brother had 1 daughter ... does that daughter get equal share of the estate ?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 28, 2021

Nobody gets anything until a court admits the Will to probate (proving that it was the decedent's Will and was never revoked). Then the language of the Will governs.

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2 Answers | Asked in Probate for Texas on
Q: How do I get the money out of my father's Wells Fargo bank account? My father died on August 2, 2020 without a will.

I am his only child and he was not married. Wells Fargo told me I have to go through the Probate Court to get the money because it is more than $1,500. How do I do that?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 28, 2021

Depending on what your father left, you may be able to file a Small Estate Affidavit or may need a hearing on an Application for Determination of Heirship. Talk with a local probate attorney to find out which would work best in your situation.

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1 Answer | Asked in Estate Planning for Texas on
Q: My wife's mother owns the house we live and has said she would leave it to us upon her death.

My wife's mother refuses to get a will saying her credit card debt will prevent us from getting the house. This is our primary residence, can they take the house and put us on the street to pay her credit card debt? The debt is about 12k right now.

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 26, 2021

If she records a Transfer on Death or Lady Bird Deed, title will pass on death free of probate and free of Medicaid Estate Recovery and, very likely, free of everything but property tax liens.

1 Answer | Asked in Consumer Law and Elder Law for Texas on
Q: How do i get a civil suit fees waived in harris county for elderly who has been financially exploited

She was scammed into a transmission rebuild after the company already had her car and apart got the back took to another shop who said the transmission has not been rebuilt they replaced a censor and new fluid and charged her 3000.$ and the transmission is acting the way it to start with she was... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 18, 2021

File an Affidavit of Inability to Pay Costs.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: What all can I know about my deceased Grandpa's settlement? I've already proved I am his heir, so when can they tell me

how much it is, how long this will take, can I get partial now,or anything else I should know??

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 18, 2021

It is not clear what you mean by "settlement." If this is a probate proceeding, the court documents are public. In the US, on average, it takes two years to settle an estate.

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