We processed our mother's house through a muniment of title pro se and received order in Brazoria County, TX. The will stated that property goes to the living children. However, we would like to transfer ownership to one sibling.
I understand that there isn't an executor named... Read more »
A quit claim deed does not transfer title. It merely records that one person quits a right, such as an easement over a driveway, to use another's land. A deed of gift can be either a General Warranty Deed or, if the previous deed was a Special Warranty Deed or a distribution from an estate,...Read more »
He did not have a will that I know of, but his heir( estranged son) has not done anything to take care of collectors or even inquire about them. The family has taken care of my brothers funeral, he didn't even ask about his dad. Want to know if I can file a small estate on behalf of our... Read more »
An Affidavit of Small Estate must be signed by all the heirs and two witnesses who will not inherit. If your sibling will not sign (or if there is a Will), you may be stuck with an Application for Determination of Heirship and Issuance of Letters of Administration.
You, not the children, have a right to live in the house for life. They may argue that you have abandoned this right by leaving. Given the circumstances and depending on your evidence, the judge may not agree.
In any event, you keep your 50% community property interest in the house and...Read more »
My uncle ended up racking up $27,000 worth of back taxes and so the bank foreclosed on the home and he was evicted my cousin whose father has passed away revieved a part of the money that was left after the taxes were paid and the rest was split between my father,uncle and cousin (whos father... Read more »
My mother recently passed. She lived in Louisiana and I live in Texas. I am her only heir and she was not married. She did not have a will and everything was left to me. She has an old car that was last registered in Louisiana that I would like to transfer over to my name in Texas. Her registration... Read more »
What you should do depends on how your mother left everything to you. If she named you on a deed which transferred her home on her death and named you as designated beneficiary on any life insurance policy or retirement account and as pay-on-death on any bank and transfer-on-death on any brokerage...Read more »
Hire a probate lawyer who practices in the county in which your father died to guide you through this process. If the Will does not appoint a successor executor to your mother, the court may appoint one. It may also be that you and your siblings ask the court to set aside the Will and agree to...Read more »
My father has a personal Vendetta against me. He has not been looking out in my mother's best interest. Or else he wouldn't have deprived her of the knowledge of an opportunity to live. I was a blood match and he was supposed to be making decisions and helping her gather information in... Read more »
A Will has no legal effect until it is admitted to probate.
Only your mother can change her Will. If you believe that she did not have legal capacity to do so when the change was made, you may be able to contest the Will when it is presented to the local probate court. As you seem to...Read more »
Many beneficiaries mistakenly think that money held in trust is their money. It is not. It belongs to the trust and is to be distributed according to the terms of the trust agreement. If you think the distributions do not meet the terms of the trust, show your invoices and bills to the trustee....Read more »
Mom says that dad sundowns and is becoming aggressive by being verbally abusive towards her. My mom depends on a walker to get around, she insists she is fine and can take care of him. I feel they need a live in nurse or be put in a home. My mom won’t hear of it. Will I be held liable if... Read more »
While you may not be financially liable, you may find it hard to live with the consequences. At some point your father may lack legal capacity to decide where he lives (among other things). If a physician completes a Physician's Certificate of Medical Examination showing that he lacks total...Read more »
My common-law husband died after surgery. He had given me durable POA and I am sole beneficiary of his estate. He had just gotten his inheritance check from the sale of his mother's property but hadn't signed it. I can't probate the will until I get a death certificate but want... Read more »
No. You have no authority until a probate court appoints you executor of his Will or administrator of his estate. If you want to keep the money safe and in a bank, put the check in a safety deposit box.
There was a procedure for a probate lawyer to apply to take over files then. You might check the county probate court records if one of the partners died. Unfortunately, the requirement to inform the state bar in advance who will take over a lawyer's files did not exist.
I am the administrator in an estate with a minor heir. The estate had been handled except for a pending wrongful death suit. When can I be paid as the administrator of the estate? And does the payment have to be approved through the court?
The estate must be admitted to probate (proving) by a court. Then you can record a deed gifting your interest to your brother. If you file a disclaimer, your interest will go to your children. "Do not contest" applies to a Will and is a provision in the Will prohibiting contest.
And the other to my brother. My brother is the executor and has since decided to get mad at me and take the truck back. He has also told me not to go to my Dads house. As executor, does he have that right?
If your father did not put the title in your name, the vehicle belongs to his estate. Your brother, as executor, has not only the right but the duty to assemble all of your father's property, pay the debts (perhaps selling the property to do so) and only then distribute the remaining property...Read more »
Eight years ago, my husband (now 80 years old) and I (71 years old) bought a second house for our adult daughter to live in. Her disabilities are getting worse and I now live with her to help. My husband lives in our original home a mile away. The increases in property taxes here in Tarrant... Read more »
When my husband died, we’d been separated for several years. His family informed me of his death and said his will stated that everything went to his brother. Can I be totally disinherited or do I have any legal claim to part of his estate?
In Texas separation has no legal effect, only divorce does.
However, unlike in the states which were party of the English colonies or in Europe, you are not automatically entitled to part of your husband's estate. You keep your 50% community property interest -- and all property...Read more »
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