The husband is a bully fraud specialist attorney, he has claimed an Estate of 800,000.00 when there are no assets to probate. The estate in reality is about 5,000.00, not even imaginable , to be 800,000.00. Everything that was left, was setup with beneficiaries and/or TOD. Her assets consist of... Read more »
My step brother is named executor and he had misappropriated some of the assets of before death ( with a POA) I was going to go to court file to have him removed from executor but am concerned about the no contest clause
It is hard to tell what the "no contest" clause covers without reading the Will. Texas law exempts contests brought in good faith and for just cause. From your description it sounds as though rather than contesting the distributions under the Will, you may be contesting the appointment of the...Read more »
Is it legal for someone else to sign official probate documents? The husband signed the Application to Admit Will, the Oath, Death and other facts submitted as her signature. Is it legal for him to sign her name? Named executor is NOT actively trying to probate the husband is. He is signing her name
It is not clear what you mean by "probate documents." If you mean a Will or a Codicil to a Will, please note that if a person is physically unable to sign before a notary and two witnesses, they may make an "X" or direct someone to sign on their behalf before a notary and two witnesses, with the...Read more »
My mother's previous boss left her $100,000 in his will and he passed in Feb 2017. His son went to probate court and was made executor and he applied for an extension to provide inventory to court. This was in July 2017. My mom knew about the will and even went to court house to see the will and... Read more »
A beneficiary has a right to request an accounting 15 months after an executor is appointed and to request that the executor be replaced if no distributions have been made 24 months after the appointment. If either of these "deadlines" have been reached, it might be a good idea to take a copy of...Read more »
My dad passed away today. He has had a live in girlfriend for 9 years. They have separate accounts and not common law. She does help pay for some bills once in a while. How do his kids evict her since the home is 100% in his name.
Please note that Medicaid varies from state to state. If you are concerned about MediCal, you might want to try the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
My brother and I are Co Executors as well as being the only two equal beneficiaries of our mothers estate. Basically, We each own 50% of the estate. I am wanting to know if I can will my 50% to my daughter?
After your mother's estate has been probated and you have received your inheritance, you can will it to whomever you want. During the probate process you can disclaim your inheritance: it will pass to your child or children. Before your mother's will is submitted for probate (proving), you can,...Read more »
My mother passed away 11 years ago. My father survived her and I am left, as executor, to settle all debts, sell the house and distribute assets. I don't know if this will require Probate or not. First time experience as an executor. The estate is to be divided equally between my sister and I - and... Read more »
A Will has no legal effect until a Court admits it to probate. Contact a local probate attorney. Since Texas allows estate administrations independent of Court supervision, if the Will is properly drafted, etc., this may be cheaper and faster than you think.
You cannot just fill out forms and take them to some hypothetical "probate office." You must hire a probate attorney to present an application, the Will and the death certificate to court for probate (proving), submit an Inventory for the court's approval, notify beneficiaries and known and...Read more »
Two witnesses who will not inherit may be able to sign an Affidavit of Heirship to transfer title to the house and a similar form to transfer title to the car. The first must be filed in the county deed records. The second with DMV.
If the children are not your children, your wife's...Read more »
My nephews and brother in Colombia are asking me how is my financial situation, how much is my retirement pension, etc. I don't know if I am going to be treated fairly. The attorney is a personal friend of my nephew.
What action should I take? Pls give me your advice.
House was in parent’s name only. I was told by atty that offspring heirs get the house after stepparent dies or decides to move out. I looked on property records online & after my parent died, “estate of (parent’s name)” was listed as sole owner, now 2 years later after probate has been... Read more »
Please check the probate records in the county in which your parent died. The property may have been willed to your step parent. If not, ask a probate attorney in that county to make sure that your inheritance right as your parent's child has been preserved.
No. The bill is your mother's bill and the bill of her estate. There may be a problem if the nursing home got someone to sign your mother in as "personal representative" : that makes them personally responsible for her bill. Although the practice is illegal, it is widespread. If this has...Read more »
You can explain the situation to your uncle. Depending on the terms of the trust instrument, he may or may not be able to make a distribution. A beneficiary can request a distribution but has no right to one.
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