You may mean beneficiary or distributee, someone who inherits.
Many probate attorneys do prepare a distribution deed to be signed by the person settling the estate (called the executor, administrator or personal representative) and recorded in the county deed records.
Terry Lynn Garrett's answer Take the more recent Will to a local probate lawyer and ask him to contact the nieces. It is more difficult to straighten things out at this late date but may not be impossible.
Terry Lynn Garrett's answer Contact APS. Take your grandmother to her physician. Ask him to complete a Physician's Certificate of Medical Examination (available on my website or from any probate court or Approved Guardianship Attorney). Hire an attorney to possibly file (1) a correction deed, (2) a Motion for a Temporary Restraining Order and Permanent Injunction and, if needed (3) a Guardianship.
Exploitation of an elderly person is a first degree felony in Texas.
Terry Lynn Garrett's answer In Texas if you are 25 or older and a current beneficiary (not someone who might receive benefits in the future), the trustee must give you an annual accounting. If you know that the trust exists and know who the trustee is and know that you are a current beneficiary and are 25 or older, you can demand an accounting and, if it is not produced, hire an attorney to file a Motion for an Order to Show Cause ordering the trustee to explain to a judge why the annual accounting has not been produced.
Terry Lynn Garrett's answer Paternity is more easily established while a person is alive. If your daughter is a minor or disabled and you seek child support, there is a reason to seek a formal declaration of paternity and, if the father is unwilling, a paternity test.
Until the Will is submitted for probate, your daughter will not know whether she wants to contest it.
Terry Lynn Garrett's answer The Will governs, unless it accidentally omits a child born after it was written. A Will does not become a public document until it is filed for probate. (In addition, whatever the Will may say now, it could be changed.)
See a family law attorney about establishing paternity and obtaining child support before death.
Terry Lynn Garrett's answer If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.
Terry Lynn Garrett's answer If there no spouse, parents, children or siblings survive, uncles and aunts and then first cousins by blood (not marriage) will inherit. In the right circumstances, even second cousins can inherit, as can those further removed. Ask a Texas attorney to file an Application for Determination of Heirship and Issuance of Letters of Administration.
Terry Lynn Garrett's answer NO! Medicaid has a five year look back period. Transfers for less than fair market value (which a gift always is) are presumed to be transfers in an attempt to qualify for Medicaid and will result in a penalty period during which Medicaid will not pay for your mother's care. The penalty period could be several months to several years, depending on the value of the home.
In Texas, as long as your mother checks a box on the Medicaid application saying that she has an intent to return...
Terry Lynn Garrett's answer A Power of Attorney becomes ineffective when the person who granted it dies: you cannot act as agent for someone who, being dead, cannot give you directions. No one can use a Power of Attorney to handle an estate. An executor or administrator must be appointed by the court to handle it. That person can be a felon IF all their rights have been restored.
Someone can appoint a person with a felony conviction to be their agent under a Power of Attorney while they are alive. Today a...
Terry Lynn Garrett's answer Hire a local probate attorney to file an Application to Determine Heirship and Issue Letters of Independent Administration. As children of another relationship, you are entitled to your mother's 50% community property share. What else will flow to you depends on what it is. It does not matter which member of the marital property paid for something during the marriage. Be aware, however, that your stepfather has a right to remain in the home for life regardless of who bought it or when.
Answered on Dec 3, 2018
Terry Lynn Garrett's answer While you can apply to administer his estate, his spouse and, if they are children of another relationship, must file agreeing to allow you to administer it independent of court supervision. From your description, this does not sound likely. In addition, if any of the children is a minor, the court may well require a dependent administration, one in which every step requires prior court approval. This gets expensive. But it may be the only way for your to be reimbursed.
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