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Questions Answered by Terry Lynn Garrett
2 Answers | Asked in Estate Planning for Texas on
Q: Brother had a will , never filed in court , but was notarized ... will declared he was leaving his estate to his brother

Brothers & sisters ... one brother prediceased him by at least 2 years ... the deceased brother had 1 daughter ... does that daughter get equal share of the estate ?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 28, 2021

Nobody gets anything until a court admits the Will to probate (proving that it was the decedent's Will and was never revoked). Then the language of the Will governs.

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2 Answers | Asked in Probate for Texas on
Q: How do I get the money out of my father's Wells Fargo bank account? My father died on August 2, 2020 without a will.

I am his only child and he was not married. Wells Fargo told me I have to go through the Probate Court to get the money because it is more than $1,500. How do I do that?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 28, 2021

Depending on what your father left, you may be able to file a Small Estate Affidavit or may need a hearing on an Application for Determination of Heirship. Talk with a local probate attorney to find out which would work best in your situation.

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1 Answer | Asked in Estate Planning for Texas on
Q: My wife's mother owns the house we live and has said she would leave it to us upon her death.

My wife's mother refuses to get a will saying her credit card debt will prevent us from getting the house. This is our primary residence, can they take the house and put us on the street to pay her credit card debt? The debt is about 12k right now.

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 26, 2021

If she records a Transfer on Death or Lady Bird Deed, title will pass on death free of probate and free of Medicaid Estate Recovery and, very likely, free of everything but property tax liens.

1 Answer | Asked in Consumer Law and Elder Law for Texas on
Q: How do i get a civil suit fees waived in harris county for elderly who has been financially exploited

She was scammed into a transmission rebuild after the company already had her car and apart got the back took to another shop who said the transmission has not been rebuilt they replaced a censor and new fluid and charged her 3000.$ and the transmission is acting the way it to start with she was... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 18, 2021

File an Affidavit of Inability to Pay Costs.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: What all can I know about my deceased Grandpa's settlement? I've already proved I am his heir, so when can they tell me

how much it is, how long this will take, can I get partial now,or anything else I should know??

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 18, 2021

It is not clear what you mean by "settlement." If this is a probate proceeding, the court documents are public. In the US, on average, it takes two years to settle an estate.

3 Answers | Asked in Probate for Texas on
Q: Stepmom and Dad passed away 8 months apart both with wills

My stepmom and dad passed away 8 months apart they both have wills. My stepmom’s will and dad’s will hasn’t gone through probate yet. Should both will be probated or only the one that passed away second?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 16, 2021

Both must be submitted for probate.

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2 Answers | Asked in Probate for Texas on
Q: My mother passed away last month. I was her P.O.A., her guardian, etc. She was a ward of the court because my brother

went behind my back and got her P.O.A. from me. He took her to her bank and got a good deal of her savings (She had dementia.) She was in a nursing home and they reported him to the court. The judge sold her house for 88,ooo and 4 lawyers took 58,000. The rest of the money is in the Registry of... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 15, 2021

The Tarrant County Court should have at least a list of all the filed documents online. Whether you are entitled to some or all of the money in the court registry is another question.

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3 Answers | Asked in Estate Planning for Texas on
Q: Can I become executor of estate sell it and then give them their share later? Or what should I do next to take of this?

My mother recently died. She and I were owned property together. Since we purchased the property we each got married. She was separated from her husband for the past three years but never got divorced. I have 2 brothers we are not her husband's children and 1 of my brothers is in prison in a... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 8, 2021

None of you has authority to sell the property at present. Hire a local probate lawyer to help you file an application to administer the estate, sell the property and, after all bills are paid, distribute the net proceeds according to the Texas laws of inheritance.

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1 Answer | Asked in Probate for Texas on
Q: Judge ordered family allowance but Attorney refuses to pay that amount. What can I do? I let my attorney go already.

My husband had no children and died with an old will. The millions will go to his college. They have been awful. The judge also ordered the car to me and the Executor and her Attorney refused in writing to do anything or fill out forms to transfer title. They are now stating that they are not... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 5, 2021

Write a letter to the court, including any correspondence from them. Then get a new attorney or rehire your old one.

2 Answers | Asked in Estate Planning for Texas on
Q: If someone is willed an inheritance, will they b required to pay taxes on the money they were willed

I have a document but I cannot figure out how to paste it here. 5hat is the best I could come up with so y'all could view it

https://photos.app.goo.gl/h3rHvB1Lj8b8Vin99

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 30, 2021

Yes. An inheritance is income just like any other income.

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1 Answer | Asked in Probate for Texas on
Q: Mom and dad were separated he died left everything to her in the will. I was in process of moving back into a house I've

Had on property over 20 yrs can she stope

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 28, 2021

In Texas one is either divorced or married. Whether your parents were separated for 20 minutes or for 20 years, your mother is still your father's widow and inherits under his Will.

1 Answer | Asked in Estate Planning and Elder Law for Texas on
Q: Can someone hide a will to gain all that was supposed to get gain what was left to somebody in the will at death

Father in law acted like a will didn't exist so my husband wouldn't get what was left to him

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 23, 2021

In Texas failing a produce a Will is a crime. It you have evidence tending to prove it exists, or existed, such as signing witnesses who can testify as to what it said, please contact a local probate attorney.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Executor not named on Dad's will. Person to become personal representative is not fit to do it. What can I do?

Court date to validate will and personal representative is set. Person trying to become the personal representative has already transferred assets into her name that belonged to a different beneficiary, and I suspect she abused power of attorney to do so. Do I need to file anything with the court... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 19, 2021

Hire a local probate lawyer to protect your interests.

1 Answer | Asked in Probate for Texas on
Q: The attorney I hired to handle the probate of my husband's will died. How do I find out the status?

I believe the last thing she did was file the Section 308 Affidavit of Notice. There were not any assets and she said a few debt collectors had contacted her, but she needed to "review the filings to see if any other claims were filed". She was wonderful, but now I don't know what... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 17, 2021

Contact the state bar. We have recently been given the opportunity to designate someone to handle our open files.

1 Answer | Asked in Probate for Texas on
Q: What if I cant find all the heirs during a probate

My uncle died like 6 or 7 years ago and noone has claimed the property I was verbally given the property but that dosnt mean anything I wanna do a probate but he had 5 kids and i can only find one of his kids who wants nothing to do with the property

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 16, 2021

You can file to probate his estate before you find all the heirs but will have to find them, even if this means hiring a P.I.. Some probate lawyers have databases which they will check. You may find this is enough. As for the child who wants nothing, that person can disclaim the inheritance and... Read more »

1 Answer | Asked in Probate for Texas on
Q: are widows in the state of Texas required to pay unsecured debt belonging to the deceased spouse?
Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 13, 2021

No. A person's debt is their debt, not that of their spouse.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: So Far Two Local Attorneys Can't Riddle It. Law, Probate, Real Estate Question; Apparently Intricate Details.

My Grandma (4/17) and Dad (11/3) have passed away in the last year, both intestate. I need to know if her possessions, specifically house and car, went to him even though they weren't "officially" transfered over? I was a step child to him and was never adopted after my Mom and him... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 13, 2021

If you were never adopted, you will only inherit if something was left to you by name in the Will. Where what went or where what might go without a Will does not matter: it will never go to you.

1 Answer | Asked in Probate for Texas on
Q: Can court appointed admin sell dad’s homestead if will left to caregiver child. Will contest hasn’t been heard in court.

My spouse and I took care of my parents and their large old home and 40 acres for13 years. They’re now deceased. Our sacrifice kept Dad from being on Medicaid and lose the family homestead. Dad left homestead, 11 yr old car and 16 yr old truck to me in will as compensation and appointed me ind... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 11, 2021

You have a probate attorney with whom you can discuss the probate matter.

With regard to housing, please contact the local Area Agency on Aging. There is subsidized senior housing through HUD and through private organizations.

1 Answer | Asked in Estate Planning for Texas on
Q: Does it take more than 15 years to process a lawsuit?

My dad died from cancer & was exposed to asbestos from his jobs as a welder (30 jobs or more). We have a settlement that provost and Humphrey has been handling since he died in 2001 but we've only gotten small checks, 50$, like every 7 to 8 yrs. What can we do about it?

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 9, 2021

First discuss the matter with your attorney. There can be years of appeals.

1 Answer | Asked in Probate for Texas on
Q: Common law marriage and property question

My

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 8, 2021

"Common law" marriage does not exist. Your mother may apply for a determination of heirship and attempt to prove an informal marriage (1) registered with the county clerk without benefit of ceremony or (2) based on evidence tending to prove that (a) both parties intended to be married;... Read more »

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