My dad was married but separated when he had me. Now she will not list me as a child of his only her children she had with my dad and she knows I exist. She had even had court papers notarized with me not being as a child of his. She did a heirship affidavit and my name is not as a descendent.
My dad passed away in Aug of 11 it took the stepmother til Oct to probate it now I know why she redid his will to fit her agenda. She forgot I read his original will and that is not it, she has been acting funny since I asked her for a copy. Then she sent me a message telling me she was going to... Read more »
Falsifying government records is a crime. Take your evidence to the DA. If you were harmed by the falsified record, you may have a civil suit as well. (For example, the falsified record may have led to the estate being probated in the wrong state, especially if you received less inheritance or...Read more »
She was discharged to my husband, 61 and had a heart attack and is unemployed and me 63 on medical disability. Needs total assistance with all ADL's. No discharge summary no Plan of care. We were financial unable to cover the cost of the nursing home. She has outlived her money to pay. Between her... Read more »
It appears that the nursing home would have done better to advise you to apply for Medicaid. Although Texas is one of 13 states with an income cap ($2,313 in 2019), under federal law an applicant can still qualify by establishing a Qualified Income Trust a/k/a a Miller Trust. This is basically a...Read more »
It is not clear whether you are interested in a Medical or a Durable [Financial] Medical Power of Attorney or whether the person involved has legal capacity to sign either. If he does, Texas has one form of Medical Power of Attorney, which any elder or estate planning lawyer should be able to...Read more »
My step kids and I were witness to his last wishes that I inherit everything, including our jointly owned property. He also expressed this to my daughter, his stepdaughter, during phone conversations. His Illness struck so fast that we didn’t have opportunity to have a written will drawn up and... Read more »
A Will must be written, signed, witnessed and notarized. If there is no Will, you must hire a lawyer to submit an Application to Determine Heirship and Issue Letters of Administration. Under Texas law, you are not the sole heir if there are children from another relationship. But you and the...Read more »
My step uncle passed away recently without a will. My step dad is the only living family left. The only thing my uncle had to his name is a car worth about $1500 and there is a utility deposit check coming for $118. How do we go about transferring the car title and be able to cash the check without... Read more »
My mother died one year ago and named my oldest sister as executrix. There are no debts and three properties. One has been sold, one is on the market, and the third my two sisters and I intend to keep. My youngest sister and I do not agree with the executrix on the management of the property. The... Read more »
My Father and mother both died without a will. My dad has a Employee Stock purchase plan valued at around $18,000 and has a life insurance policy valued at 40,000. Do that qualify for the Small Estate affidavit probate process? I have got a link to Fort Bend county courts for the required forms,... Read more »
While the filing fee may be around $350, you would do well to hire a lawyer to help you complete this tricky form. Before that, you would do well to make sure that the entities holding the money will accept an Affidavit of Small Estate and not require Letters of Administration.
While in theory an Affidavit of Small Estate might suffice, financial institutions generally require court-issued Letters of Administration when there is no Will. Filing an Application to Determine Heirship and Issue Letters of Administration might cost you as much or more than is in the account:...Read more »
I have spent more than 50% of the last year helping my parents I live in CA they live in Tx. Its been exhausting. My younger sis lives 3 hrs away has visited couple hrs last year. Dad has lasbestos lawsuit going. She had originally called the attorney. My dad and I called to get updatessince... Read more »
The Texas Estates Code requires that debts be paid in a certain order. There are eight classes. When the personal representative does not have enough in the estate to pay a class, the remaining funds are paid to the creditors in that class pro rata. It might be a good idea to consult a local...Read more »
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 »
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