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Questions Answered by Terry Lynn Garrett

1 Answer | Asked in Probate for Texas on

Q: Is it legal for someone other than the Executor to sign, Application to Admit Will, Oath, and other docs for Probate

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 »

Terry Lynn Garrett answered on May 24, 2019

The applicant for probate usually is but need not be the executor. Applying does not make one the executor.

2 Answers | Asked in Estate Planning for Texas on

Q: Does a no contest clause in a will cover the executor of the will ?

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

Terry Lynn Garrett answered on May 22, 2019

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 »

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1 Answer | Asked in Probate for Texas on

Q: A fraud specialist attorney's wife was named as executor,HE has signed all documents purporting to be her signature

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

Terry Lynn Garrett answered on May 22, 2019

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 »

1 Answer | Asked in Probate for Texas on

Q: My mother had a boss who left her $100,000 in his will. Seem to not be getting a straight answer...can you help?

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 »

Terry Lynn Garrett answered on May 21, 2019

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 »

2 Answers | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Texas on

Q: How do i evict deceased father's live in girlfriend from his home?

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.

Terry Lynn Garrett answered on May 20, 2019

File an eviction action in your local Justice of the Peace Court. If necessary, get the sheriff to enforce it.

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1 Answer | Asked in Elder Law for Texas on

Q: My question is long, best asked through email. Is that possible? Thanks. Harry Fitzner.

Terry Lynn Garrett answered on May 19, 2019

Send an email to info@elderlawAustin.com.

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)

2 Answers | Asked in Probate for Texas on

Q: My father passed away and left a holographic will. We aren’t sure it is valid? How can that be determined?

Providing it’s not valid, could it hold a fight in probate court? My brother is 18 to be 19 so isn’t of legal age and I’m 23.

Terry Lynn Garrett answered on May 17, 2019

Take the handwritten Will to a local Texas probate lawyer for evaluation. Note that in Texas 18, not 21, is the age of majority.

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2 Answers | Asked in Estate Planning for Texas on

Q: Can I will 100% of my 50% to my daughter?

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?

Terry Lynn Garrett answered on May 16, 2019

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 »

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2 Answers | Asked in Probate for Texas on

Q: My Father passed away last week in Lufkin. There is a will. I am executor. Does this require Probate?

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 »

Terry Lynn Garrett answered on May 14, 2019

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.

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2 Answers | Asked in Probate for Texas on

Q: How can I find the name of the probate lawyer who handled my father's estate

Terry Lynn Garrett answered on May 9, 2019

Harris County probate records, if not available online, are available from the county clerk.

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1 Answer | Asked in Probate for Texas on

Q: My father recently passes. I have his will but need to have it probated, It is a pretty standard will.

Can u tell me which forms I need to fill out to take to probate office?

Terry Lynn Garrett answered on May 9, 2019

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 »

2 Answers | Asked in Estate Planning and Probate for Texas on

Q: Is it illegal to hide a will after someone has died ? And what can be done to force someone to produce a will ?

Terry Lynn Garrett answered on May 3, 2019

Yes, in Texas it is a crime. Hire a local probate attorney to file a motion to produce the Will.

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2 Answers | Asked in Probate and Estate Planning for Texas on

Q: Father deceased no will I sold house,no wife or children just me how do I close bank account $1700 no debts

Father deceased July 2018 bank asking for court papers what do I need

Terry Lynn Garrett answered on May 1, 2019

Presumably title to the house was transferred to you by a Lady Bird Deed, Transfer on Death Deed or Affidavit of Heirship.

Contact a local probate lawyer about filing a Affidavit of Small Estate -- but first ask the bank whether they will accept an Order Approving an Affidavit of Small...
Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on

Q: My spouse died 13 years ago, and I don't have her will. She had 2 children. I've decided to sell house. What do I do?

Will was never probated, didn't seem neccessary. Only thing we had was house. car, and her personal effects which the children got. They support me selling the house.

Terry Lynn Garrett answered on Apr 30, 2019

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 »

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1 Answer | Asked in Estate Planning, International Law and Probate for Texas on

Q: My unmarried sister died a year ago in Colombia without a will. She had no children.

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.

Thank... Read more »

Terry Lynn Garrett answered on Apr 29, 2019

Your financial situation has nothing to do with how much of your sister's estate you should inherit according to Columbian law.

It does have something to do with how much a dishonest administrator is willing to give you and whether he thinks you will have the ability to sue and appear in...
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2 Answers | Asked in Estate Planning for Texas on

Q: my mom passed away and we had a joint checking account at Chase. Does this go to the estate? in Texas

Terry Lynn Garrett answered on Apr 29, 2019

If the account was joint with right of survivor, 100% goes to the survivor now.

If the account was joint, 50% goes to the living person(s) now and 50% goes to the estate.

If it was a convenience account (signing authority but no ownership), 100% goes to the estate.

Please...
Read more »

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4 Answers | Asked in Estate Planning and Probate for Texas on

Q: My parent died intestate. I’ve been told Texas law allows stepparent to lifetime rights to live in house.

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 »

Terry Lynn Garrett answered on Apr 28, 2019

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.

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2 Answers | Asked in Estate Planning and Probate for Texas on

Q: My Dad was an attorney. He passed away. My Step mom forged signature and notaries are her employees. Help!?!?

Filed a first and second codicil. Dofferent language and contradicts his Will.

Terry Lynn Garrett answered on Apr 28, 2019

Take the documents to a local probate attorney.

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2 Answers | Asked in Elder Law for Texas on

Q: My Mom was in the nursing home, and was on medicaid for all but 2 months, that was not covered.

Are the adult children responsible for this, when there was nothing in the estate? (In Texas)

Terry Lynn Garrett answered on Apr 23, 2019

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 »

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1 Answer | Asked in Estate Planning for Texas on

Q: I am a beneficiary of an Irrevocle trust. I've had one distribution so far of $10k about a month ago. My uncle is trusT

NyNice Trustee said 4 more months till next distribution. I'm currently in an emergency situation and desperately need a loan. I have a spendthrift trust. Do I have any options?

Terry Lynn Garrett answered on Apr 19, 2019

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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