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 »
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 »
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 »
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 .
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.
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?
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.
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 »
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 »
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 »
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 »
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