Questions Answered by Terry Lynn Garrett

Q: Good day.....does the probate attorney typically take care of the change of deed for property willed to defendant?......

2 Answers | Asked in Probate for Texas on
Answered on Jan 4, 2019
Terry Lynn Garrett's answer
A decendent is someone who died. A defendant is someone who is sued.

You may mean beneficiary or distributee, someone who inherits.

Many probate attorneys do prepare a distribution deed to be signed by the person settling the estate (called the executor, administrator or personal representative) and recorded in the county deed records.

Q: I'm a home healthcare provider in 2013 my client died. Before her death i helped her find her 2 nieces. And she revised

1 Answer | Asked in Legal Malpractice and Probate for Texas on
Answered on Dec 29, 2018
Terry Lynn Garrett's answer
Take the more recent Will to a local probate lawyer and ask him to contact the nieces. It is more difficult to straighten things out at this late date but may not be impossible.

Q: My step brother has had my grandmother transfer land and possibly other property to him and she doesn’t remember it

1 Answer | Asked in Civil Litigation and Elder Law for Texas on
Answered on Dec 24, 2018
Terry Lynn Garrett's answer
Contact APS. Take your grandmother to her physician. Ask him to complete a Physician's Certificate of Medical Examination (available on my website or from any probate court or Approved Guardianship Attorney). Hire an attorney to possibly file (1) a correction deed, (2) a Motion for a Temporary Restraining Order and Permanent Injunction and, if needed (3) a Guardianship.

Exploitation of an elderly person is a first degree felony in Texas.

Q: What can I do if my family is keeping my trust a secret from me??

1 Answer | Asked in Estate Planning, Real Estate Law and Energy, Oil and Gas for Texas on
Answered on Dec 22, 2018
Terry Lynn Garrett's answer
In Texas if you are 25 or older and a current beneficiary (not someone who might receive benefits in the future), the trustee must give you an annual accounting. If you know that the trust exists and know who the trustee is and know that you are a current beneficiary and are 25 or older, you can demand an accounting and, if it is not produced, hire an attorney to file a Motion for an Order to Show Cause ordering the trustee to explain to a judge why the annual accounting has not been produced.

Q: I Don’t believe you understood my question. He’s Not Dead Yet! He is very wealthy and of course he has a will.

1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Answered on Dec 19, 2018
Terry Lynn Garrett's answer
Paternity is more easily established while a person is alive. If your daughter is a minor or disabled and you seek child support, there is a reason to seek a formal declaration of paternity and, if the father is unwilling, a paternity test.

Until the Will is submitted for probate, your daughter will not know whether she wants to contest it.

Q: Need to find out how to protest a sale of an asset from an estate in probation in texas.

1 Answer | Asked in Probate for Texas on
Answered on Dec 18, 2018
Terry Lynn Garrett's answer
It appears that you will need to be represented by a local probate attorney.

Q: Is there a procedure for establishing paternity that should be done before a parent passes away, a DNA test? This is TX.

2 Answers | Asked in Family Law and Probate for Texas on
Answered on Dec 18, 2018
Terry Lynn Garrett's answer
The Will governs, unless it accidentally omits a child born after it was written. A Will does not become a public document until it is filed for probate. (In addition, whatever the Will may say now, it could be changed.)

See a family law attorney about establishing paternity and obtaining child support before death.

Q: I need to know how to find the standings of a litagation and possibly estate probate case .

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Real Estate Law for Texas on
Answered on Dec 16, 2018
Terry Lynn Garrett's answer
Check with the probate court (which may be the county court) where the estate is being probated.

Q: if i feel a home health caregiver is exploiting my elderly dad in our home, how can i get rid of her?

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Answered on Dec 13, 2018
Terry Lynn Garrett's answer
If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.

Q: someone has a deceased person's will that is not listed in that will and has no reason to have it. How can I get it?

1 Answer | Asked in Probate for Texas on
Answered on Dec 13, 2018
Terry Lynn Garrett's answer
Hire a local probate lawyer to file an Order to Show Cause requiring the fellow to explain his actions (and inactions) to the judge.

Q: Who has the right of inheritance if no will and only survivors are maternal cousins or deceased spouse niece?

1 Answer | Asked in Estate Planning for Texas on
Answered on Dec 8, 2018
Terry Lynn Garrett's answer
If there no spouse, parents, children or siblings survive, uncles and aunts and then first cousins by blood (not marriage) will inherit. In the right circumstances, even second cousins can inherit, as can those further removed. Ask a Texas attorney to file an Application for Determination of Heirship and Issuance of Letters of Administration.

Q: My grandmother doesn't take good care of her dog. If I take the dog home with me one day, could she sue me?

1 Answer | Asked in Elder Law for Texas on
Answered on Dec 7, 2018
Terry Lynn Garrett's answer
In theory, yes. But could she recover? Are you preventing the dog from being taken away by the ASPCA?

Q: Should my mother gift her home to a family member prior to going to a nursing home?

1 Answer | Asked in Elder Law for Texas on
Answered on Dec 7, 2018
Terry Lynn Garrett's answer
NO! Medicaid has a five year look back period. Transfers for less than fair market value (which a gift always is) are presumed to be transfers in an attempt to qualify for Medicaid and will result in a penalty period during which Medicaid will not pay for your mother's care. The penalty period could be several months to several years, depending on the value of the home.

In Texas, as long as your mother checks a box on the Medicaid application saying that she has an intent to return...

Q: Can a family member have power of attorney over an estate if they have a felony charge on their record?

1 Answer | Asked in Estate Planning for Texas on
Answered on Dec 6, 2018
Terry Lynn Garrett's answer
A Power of Attorney becomes ineffective when the person who granted it dies: you cannot act as agent for someone who, being dead, cannot give you directions. No one can use a Power of Attorney to handle an estate. An executor or administrator must be appointed by the court to handle it. That person can be a felon IF all their rights have been restored.

Someone can appoint a person with a felony conviction to be their agent under a Power of Attorney while they are alive. Today a...

Q: When a relative has guardianship over an incapacitated elder US citizen. What is the jurisdiction regarding US assets

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Texas on
Answered on Dec 5, 2018
Terry Lynn Garrett's answer
If the assets are real property, the courts of the state where they are located have jurisdiction.

Q: My mother died without a will in the state of TX , by law what do my siblings and I have the right to inherit?

2 Answers | Asked in Real Estate Law and Probate for Texas on
Answered on Dec 4, 2018
Terry Lynn Garrett's answer
Hire a local probate attorney to file an Application to Determine Heirship and Issue Letters of Independent Administration. As children of another relationship, you are entitled to your mother's 50% community property share. What else will flow to you depends on what it is. It does not matter which member of the marital property paid for something during the marriage. Be aware, however, that your stepfather has a right to remain in the home for life regardless of who bought it or when.

Q: My son passed away 10/23 and had no will but his wife is refusing to give his class ring to me to hold for his children,

1 Answer | Asked in Probate for Texas on
Answered on Dec 3, 2018
Terry Lynn Garrett's answer
While you can apply to administer his estate, his spouse and, if they are children of another relationship, must file agreeing to allow you to administer it independent of court supervision. From your description, this does not sound likely. In addition, if any of the children is a minor, the court may well require a dependent administration, one in which every step requires prior court approval. This gets expensive. But it may be the only way for your to be reimbursed.

Please...

Q: My parents died. Fa had no will, no will 2 me. Her will probated title com say heirs have 2 sign fa portion 2 me.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Answered on Dec 2, 2018
Terry Lynn Garrett's answer
Hire a local probate lawyer to file a suit for partition. If no one can buy everyone else out, the property must be sold. Everyone will then get their share in money.

Q: What will happen if I take my deceased mother’s will to the judge for probated 11 years after her death?

2 Answers | Asked in Probate for Texas on
Answered on Nov 30, 2018
Terry Lynn Garrett's answer
The Will can now only be accepted for probate to pass title. This is called a "Muniment (defense) of Title." Hire a local probate attorney.

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