I left out two pages that were blank regarding beneficiary selection that did not apply (option A & B). I did complete section C, but did not mark the box indicating my choice. Based on the above info, is this TOD deed still valid, or will it be deemed invalid at the time of my father's... Read more »
The deed is in my dad name with moms being second. Dad passed in 1980. Mom is 83 and had lived in the home since his passing but never dropped his name from the deed. Dad left no will. Mom has a will with me as POA. How and what do I need to do to get this deed tranfered into my name before she... Read more »
Step mom left him and was living in Oregon. He did not have a will but 401k, life insurance and pension from a job before they were married. Are his children entitled to any of that money or not because she is listed as beneficiary? I
process of setting up a will and living trust and then passed away (None of her Assets were put in the trust in time). My father is still with us but nothing was in his name. We are still trying to locate all the assets. My Father has an estate attorney involved and has filed for probate. But... Read more »
In Texas inherited property is always separate property. It passes to the spouse if all children of the deceased are also children of the surviving spouse. The children only have a share if there are children of the deceased who are not children of the surviving spouse.
The estate was probated into my minor son's name for him to obtain at the age of 18. My question is: can I withdraw the funds on the scope that I, as his BIOLOGICAL Mother (only surviving natural parent) in which he lives with and I have SOLE responsibility for, believe those funds provide the... Read more »
As a parent, you have a duty to provide food, shelter and medical care for your child. You do not have a right to use his inheritance for these. You can apply to the court to receive reimbursement or funds for things which a parent is not legally obligated to provide: summer camp, music lessons,...Read more »
Yes. While the Will names your sister as Executor, she cannot act as such until a court appoints her and issues Letters Testamentary. Keep in mind that your father's estate must also be probated. If he died before your mother, probate (prove) his estate first.
My dad passed away a couple of years ago she contacted me yesterday to sign a paper to relinquish my rights to his estate. The will has not been probated I asked to see a copy of the will and a suicide note and she has not replied what are my rights and can I represent myself put a complaint in... Read more »
Do not sign. Hire a probate lawyer who practices in the county in which your father lived and died to require production of the Will or, if there is none, file an Application for Determination of Heirship and Appointment of Independent Administrator. If the Will gives your stepmother more than...Read more »
My parents are married but dad was previously married and has 3 children (1 deceased and 2 living). My parents do not want previous children to receive any inheritance do they need a will or can they get by with a living trust? and IF they need a will can it go without being probated?
While they could use either a Will or a Revocable Living Trust, either a Will or any estate which was not in the Trust when they died would need to be probated. A Texas probate may be cheaper and faster than you imagine.
Beneficiaries are asking for details of a bank account that was held jointly with rights of survivorship. Not with them. It passed directly upon death, as such, did not go through probate. All holdings were POD or joint w/right of survivorship. They received all of their POD monies directly from... Read more »
They can ask but there is no reason that they should expect an answer.
An account held joint with right of survivorship passes to the survivor on presentation of the death certificate. Absent a suit for elder exploitation, no one else ever had any right to the money or any right to inquire...Read more »
I just found this organization today and I appreciate your help. Does this organization set up virtual meetings? Could I make an appointment or would I have to help my boyfriends mother set it up since she is the one who would qualify for services?
Or does she only qualify for nursing home costs due to home ownership? And.... would taking a home equity loan to pay for improvements to the house affect social security payments or potential Medicaid benefits?
My boyfriends mother owns a house in Austin that has drastically increased in value but is currently in great disrepair. I want to figure out how to help her fix her house up to make it more livable and safer for a person in their 70's and help her qualify for Medicaid benefits. She is... Read more »
In Texas a home is not counted in determining eligibility for nursing home Medicaid.
The effect of a Lady Bird Deed is to transfer ownership of the home on death, free of probate and so, in Texas, free of Medicaid estate recovery. A Lady Bird Deed has no effect on ownership or property...Read more »
My FIL died made me medical power of attorney no will has three at least properties that we no of mayb more but has no will what are our next steps! Also trying to plan a burial but family won’t way in options what do I do
My father died without a will and was remarried. We went through mediation for settlement of assets. I need to know how or if I can get access to the home since my step mother is no longer living in the home. What are my legal right to the home since she does not live in the home.
You can create a Texas corporation online yourself using the documents on the Texas Secretary of State's website and register it as a not-for-profit corporation the purpose of which is promoting education. You must have three people on the board....Read more »
they claimed to know what to do. a local handyman service. found them on facebook marketplace. they didn't do the job right. i paid for materials and paid 500 for work. it was the underneath of the belly of my trailer. now the insulation is hanging down and the belly is on the ground- what... Read more »
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