My father didn't have a will, and only has 2 children. He wasn't married. My Aunts have taken the keys to his home and wouldn't allow me (his son) inside to search for documents necessary for burial. Is that legal for her do given that I'm the son? I researched intestate succession and believe it's... Read more »
If your father left children, those children, not his siblings, are his heirs. Hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration. Once you are appointed administrator of your father's estate, it will be your duty to...Read more »
She can only will her 50% community property interest. You have a lifetime right to live in the house. Please note that if she died without a will, her 50% community property interest would be divided among her children and you would have a lifetime right to live in the house. Her children...Read more »
A Will has no legal effect until it is admitted to probate. If there is another sibling, a DMV Affidavit of Heirship would give half the truck to him so that would not be a good option. Nonetheless, it may be hard to find an attorney who would advise you to probate the will, likely spending more...Read more »
I lost the original POA for my mom but l have 3 copies. I am trying to sell a house she owns but the title company will only accept the original. What can l do? The POA states that the use of a copy is acceptable. Do l have to go before a judge or something? What do l do? I am in Texas.
I should have said Craven Co, North Carolina. I am in Texas and need to understand what the timeline is, once I submit the application, in order to make travel plans. (Is there somewhere else I should be asking the question? I've scoured the internet, and it looks like Craven Co. doesn't take... Read more »
I HAVE BEEN NAMED EXECUTOR OF AN ESTATE. I WAS REQUIRED TO TRAVEL OUT OF STATE FOR AN ARBITRATION MEETING TO TRY TO SETTLE THE PROBATE OF THE ESTATE. CAN I BE COMPENSATED BY THE FIDUCIARY ATTORNEY OVER THE ESTATE FOR THIS TRAVEL EXPENSE ?
What course of action do I have to retrieve my things like titles birth certificates clothes tools beds art works wood works etc I live in texas I did pay rent and utilities no lease it was rent to own me n my parents split the cost of buying the house 1/3 each and when my dad died she took all our... Read more »
You do not state whether you were a renter with a lease, a renter without a lease or a guest or whether you were kicked out for nonpayment. Some leases allow the landlord to seize and sell your personal property if you do not pay rent.
He verbally stated he wouldn’t do these duties but wants to act as DPOA upon my parents death. How can I hold him to his lack of actions to these financial duties. He states he can do what he wants w/ the property my parent owns.
A 2017 change to Texas' DPOA law requires that he report and give an accounting, with receipts, to the principals. An interested person can also ask the courts to look into his actions and failure to act. You might want to talk with a local elder law attorney. You can find one using the Find a...Read more »
My husband died in April. Our home was in his name and there was no will. We have one daughter. I have received a noticed from the city that the taxes will go up because the exemptions will expire. can you help me? I am disabled and it is very difficult for me to leave the house.
Your husband's interest needs to be transferred to you using an Affidavit of Heirship or an Application for Determination of Heirship. Elder law attorneys are accustomed to calling on people at home. You can find one near you using the Find a Lawyer function on the website of the National Academy...Read more »
Mother & father are settlors, primary beneficiaries, & co-trustees. Mother has been incapacitated. Father has been grossly negligent in his fiduciary duties as co-trustee. He has withdrawn/spent large amounts from the trust for his own benefit & didn't use any of the withdrawals for mother. Father... Read more »
The rights of an incapacitated co-trustee of a revocable living trust depend on what the trust document says. Most revocable living trust documents state that the co-trustee, in this case the husband, shall make all decisions in that event. Similarly, most revocable living trust documents state...Read more »
Husband chose single life annuity monthly payments on his pension so he is currently receiving 100% pension payments. His pension will end at his death so wife will get nothing. Can wife claim part of his monthly pension payments when divorce is completed? Or can wife claim lump sum payment based... Read more »
I took care of my grandma 4 years before she pass and also I am guardian and power of attorney of my aunt that is mental retard. My grandma left a house behind that my mother doesnt wanna have anything to do with the house and on my aunt condition she cant have anything with estate and money... Read more »
If a person's dementia has progressed to the point that she lacks legal capacity to contract, the contract is void and the attempt to profit from it is exploitation of an elderly person, a first degree felony in Texas. Contact APS.
A lawyer drafted and notarized a will for a person, who he knew was mentally ill. The will disinherited person's children and gave the entire estate, including children's personal property, to the mentally ill person's husband. The husband's daughter and the lawyer had an intimate relationship... Read more »
While you can report the lawyer, mental illness is not the same as dementia. Unless the person suffered from an insane delusion about someone they purposely disinherited, the Will is valid. Neither the person making the Will nor the lawyer has any obligation whatsoever to inform anyone about the...Read more »
My aunt has recently called us about my grandfathers house. She says she will give us 800.00 and for us to sign some paper. But won't give to much info. About it how can we find out what is going on with this house.
Prior before Hurricane Harvey I took care of my father but after the storm my older siblings to him back to Omaha they were going to care for him in their home. However he was placed in an Assisted Living Facility, I now have a brand new home I'm fully capable of taking care of him. What steps can... Read more »
In Texas the home is not counted in determining eligibility for nursing home Medicaid. There is no need to remove the clause granting your mother a lifetime estate. Giving up that lifetime estate, however, could be seen as gifting the people who have the remainder interest (you and your brother)....Read more »
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