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 »
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.
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 »
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 »
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 »
While some people deposit their will with the local probate court, most do not. Most people die without a will. If you have thoroughly searched your father's home an if he did not have a safety deposit box in which he might have put it, chances are good that he had no will.
Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical and... Read more »
You can hire an Approved Guardianship Attorney and apply to become his guardian yourself. Usually no guardian is needed if there is a valid Medical Power of Attorney and a valid Durable Power of Attorney. But from your description, someone may need to take away the keys, regularly check on your...Read more »
I want to buy the condo and was not sure if she can when it's still in his name. She is owner financing it for me and I got a contract drawn up but want to be sure it would be legal for her to be named as the seller or does the name of the owner be changed to her before executing the contact
If the Will was admitted to probate as a Muniment of Title, the Order admitting it should be filed in the deed records. If not, a Distribution Deed from the estate to the beneficiary should be recorded. Without one or the other of these, your mother has no legal authority to sell the property to...Read more »
Hire a local probate lawyer to argue that you were a "pretermitted heir" and would fall within "children" or "descendants" under the Will. Also note that people with a lot of assets also often have a lot of debt. There may not be as much there as you would like.
The wife can apply to become Community Administrator. Note that this gives her control of all the community property but not of her husband's separate property, if any. If he has not named her his agent under a Durable Power of Attorney, she will need to become his guardian to control any...Read more »
Mother was in a nursing home on Medicaid and was supposed to have her estate released to D.A.D.S upon her death. It has been 3 1/2 years and they never took properties to my knowledge. My sister is the executor and does not want to let me know what is going on. We are now being sued by the... Read more »
15 months after an executor is appointed any beneficiary can request an accounting. It is due within 60 days. 24 months after an executor is appointed a beneficiary who has not received a distribution can petition the court to remove the executor (assuming there is something to distribute)....Read more »
It will be 15 months in february and the the estate is not closed yet. How long does he have to complete this? He seems to be dragging it out because he doesn't have time to do it. Will he eventually get in trouble with the court?
A beneficiary can request an accounting 15 months after the executor is appointed. The executor has 60 days to respond. If no distributions are made 24 months after the executor is appointed, a beneficiary can petition the court to remove the executor.
Being a guarantor does not give your mother access to the funds. If the account were "pay on death" or "joint with right of survivorship," the funds would be hers on presentation of the death certificate. If the account were "joint," half would be hers and half would belong to your grandmother's...Read more »
Jody also has Paranoid Schizophrenia and is becoming increasingly Psychosis. The group home he was placed in apologized to me for accepting Jody and admitted they were ill equipped to help him! I spoke with adult protective services and the hospital corporate complaint number and the person kept... Read more »
You may have been misinformed. A patient may be discharged as soon as practicable if he is a danger to himself or others. However, from your description it would appear that a discharge to a nursing home would have been more appropriate...if Jody were eligible for and receiving Medicaid. People...Read more »
You do not write that you have any evidence that either of them left anything to you in a Will. Please check the records of the county probate court to see whether they had Wills naming you. If they did not leave Wills, you are not an heir to your grandmother's estate directly. You may be an...Read more »
I wish you could but you can't. You must be represented by an attorney. The attorney will file an Application to Probate a Will as a Muniment of Title together with the Will and the death certificate. You will testify in court. The judge will issue an Order. The attorney will record the Will...Read more »
Hire a local probate lawyer to file (depending on the situation) an Affidavit for Determination of Heirship and Issuance of Letters of Administration or a Small Estate Affidavit and, possibly, DMV and deed Affidavits of Heirship. Find your sibling. You may need to hire a PI to do so but cannot...Read more »
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