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Dad died. Stepmother put will thru probate . Told court judge she is ONLY heir of my dad. Then she draws up an estate settlement & distribution papers wanting us kids from previous marriage to sign giving us nothing & us signing over all separate property and two houses to her to do w as... View More
answered on Aug 29, 2024
A trust governs what has been contributed to it. Since the trust was never funded, it essentially does not exist.
Anything not in the trust (and not passing as a pay on death bank account, transfer on death brokerage account, or to a designated beneficiary of a life insurance policy,... View More
answered on Aug 27, 2024
An Affidavit of Heirship does not transfer title, even though title companies sometimes treat it as though it does. It is only evidence (not proof) of the statements in it if it has been of record with no one complaining for five years. The Affidavit of Heirship and a contest of its statements... View More
I applied for legal assistance through Texas legal aid and was told the executive director didn't handle the shares properly and I was told to get a private attorney because I have a case.
answered on Sep 5, 2024
No one is entitled to anything ever.
You might receive a gift from someone who is living or dead. That is their choice, not your "entitlement."
She became critically ill 3 months ago. She was hospitalized then sent to a rehabilitation facility when she began to recover. Her daughter has a medical power of attorney. She has been okayed by her doctors for release but her daughter will not allow the facility to do so. The daughter (and other... View More
answered on Jul 6, 2021
Other than your friend herself, the only person who can decide where she lives is a guardian of her person. An agent under a Medical Power of Attorney does not have this authority. An agent under a Medical Power of Attorney only has the authority to convey someone's wishes when they cannot... View More
answered on Jul 4, 2021
The person named to settle an estate in a Will is called an executor. The person named to administer a trust is called a trustee. What someone said or did not say is difficult to prove. However, once submitted for probate, a Will is a public document. Once appointed administrator, an executor... View More
answered on Jul 1, 2021
If your father had a Will in which he named you executor, present that to the local probate court. If not, file an Application for Determination of Heirship and Issuance of Letters of Administration. Hire a local probate lawyer to help you.
answered on Jun 25, 2021
If your grandfather survived her, he is her heir. If not, her children are. You are only counted among them if she adopted you. But if she was awarded guardianship because she is the parent or your parent who died, you inherit through that parent.
Caregiver works full time and dad is 88 years old stays all alone without no family contact. How do I present a case cuz the autopsy report does not show the caregiver in favorable eyes!
answered on Jun 24, 2021
More information is needed to respond to your question. Please consult an elder lawyer in your area. You can locate one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Forensic pathologist reported youngest sibling murder my mother.
answered on Jun 24, 2021
A power of attorney expires with the person who granted it.
My mother and her mother is not dividing things up evenly she’s partial to her youngest. I was promised things by my dad but my sister has ended up getting 3/4 of things what can I do
answered on Jun 22, 2021
The answer turns on what the Will said. Adopted and born children are both the couple's children under the laws of heirship, which would apply if there was no Will.
From your description, it is not clear that either estate was probated. You may be writing about small items of greater... View More
6 yrs ago, my upstairs neighbors' kitchen sink , garbage disposal and dishwasher water kept coming up in my sink and finally flooded my apartment. They fixed it then but its doing it again now. The complex changed hands and I have been asking and even begged them a couple times since January... View More
answered on Jun 17, 2021
Contact the renters' council in Temple. If there is none, try the Travis County Renters' Council.
answered on Jun 17, 2021
It depends on what the Will says. It is common to state that the children or the siblings of a predeceased beneficiary inherit. It is uncommon to state that the spouse does.
None of his family has been around in 20 years. This is crazy yet sad. There are alot to be involved in probate court to get their portion.His greedy sister should go back to the rock she came from.what can i do
answered on Jun 15, 2021
Move. The executor or administrator of the estate has a legal duty to sell property to pay debts and distribute the remainder according to the Will or, if there is no Will, the state's laws of inheritance. This may involve evicting tenants. Neither occupancy nor friendship confer ownership... View More
I'm a Realtor and a property nearby has been vacant for 2 years (owner passed). No will. No immediate family. I would like to contact next of kin to start probate process so I can sell the property for them.
answered on Jun 9, 2021
Any heir or creditor can file an Application for Determination of Heirship and Issuance of Letters of Administration. It typically takes about three months to get to a hearing as all the heirs must be found and two people who can testify as to the decedent's marital and family history must be... View More
answered on Jun 3, 2021
An Affidavit of Heirship is signed by two witnesses who will not inherit but knew the decedent well enough to swear to marital and family history. It is sometimes also signed by one or more heirs. It is filed in the county deed records. It does not pass title/ownership of anything.
An... View More
two lawyers and case not done. I have invested about $4,900 and the estate is worth about 13,000. There is a disgruntled heir. The court will not let me represent myself. I have Texas Legal protection plan. Is there a Honorable Attorney that will finish case for me ?? They are impossible to locate
answered on Jun 1, 2021
Honorable attorneys are not impossible to locate but you may have to hire one who does not accept Texas Legal Plan, especially if there is a disgruntled heir and possible litigation.
There are ten siblings. Can all ten be named on the deed or would it be best to identify one person?
answered on May 31, 2021
One of the siblings must hire a local probate lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration. All the others may sign a Distributee's Agreement agreeing to that person acting as administrator with power of sale. After the debts are paid,... View More
Texas
answered on May 20, 2021
Promptly file to probate the Will or determine the heirship.
Also look at the deed to father for the title "Sr." or a date at which son would have been too young for it to have been a deed to him.
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 ?
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.
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?
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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