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answered on Oct 18, 2020
It is not clear whether it is your husband who has died or his brother or whose the tools are.
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?
answered on Oct 16, 2020
In most counties this will be a dependent administration. You must apply to the court for your fees.
Dad recently died, No will, brother helped dad fix up house and put a lot of money into house so we want him to get the house for himself. We don't want any ownership or funds from the house.
answered on Oct 16, 2020
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?
answered on Oct 12, 2020
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... View 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... View More
answered on Oct 12, 2020
A quit claim deed does not transfer title.
But a spouse can gift another spouse using either a General Warranty Deed or a Special Warranty Deed, depending on whether the underlying deed is a General Warranty Deed or a Special Warranty Deed.
You do need a lawyer to draft the deed... View 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?
answered on Oct 12, 2020
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... View More
My brother recently passed away. In his will, he left his estate to me and wished that I use the money to help take care of our elderly mom. The value of the estate is around $150k.
I believe there is approx. $8k in medical bills which need to be paid from the estate. No other bills... View More
answered on Oct 11, 2020
You cannot represent yourself. The cost depends on whether the Will is properly drafted and has a self-proving affidavit.
My daughter owns acreage in Travis County Texas. She has a friend, who no longer has any immediate family, who wants to move onto a piece of it. Drilling a well, installing septic and either moving in a mobile home style structure or a pre-fab. This friend, upon her passing (not expected in the... View More
answered on Oct 10, 2020
It sounds as though your daughter and her friend need a written agreement stating that (1) the friend will pay for septic and well in lieu of rent and (2) within a certain period following her death, the mobile home and all her possessions will have been removed by her heirs or beneficiaries or... View More
My daughter is executor of my mothers estate in Texas.
she has failed to provide accounting and also has failed to
distribute the assets to beneficiaries
answered on Oct 9, 2020
Timing is everything. If you have evidence that 15 months or more after the executor was appointed a beneficiary demanded an accounting and it was not produced within 60 days OR if you have evidence that 24 months or more after the executor was appointed no distribution was made, you can ask the... View More
My husband's grandfather passed away in 2005 and he owned worthless land. Probate lawyer said he would not transfer deed to my husband as the executor. We were recently served by the tax assessor in that county for back taxes. How do we get out of this mess especially if the deed is not... View More
answered on Oct 7, 2020
If the land is both worthless and not yours, let the tax authority foreclose on it for back taxes.
This is horrific and beyond unbelievable. I have known Patricia Mann and both her daughters Michelle Wilson and Kristi Mann who would visit her mom weekly and always tell me how blessed both girls are to have me live here with their mom caring for her and their grandmother till both women passed... View More
answered on Oct 4, 2020
When a court appoints someone executor or administrator of the estate, it is that person's duty to gather the estate's assets. This includes evicting anyone who resides in the home. If you did not have a lease, you were either a guest or a tenant at will. Sadly, many people do not have... View More
answered on Oct 3, 2020
Only the person who wrote the Will can change its provisions. Whether a beneficiary consents or not is irrelevant. You may be seeking a Family Settlement Agreement. If so, the beneficiary is not obligated to agree.
answered on Oct 3, 2020
NO. The only person who can change a Will is the person whose Will it is. Beneficiaries can agree to a Family Settlement Agreement altering what they receive but no beneficiary is obliged to agree.
My dad was just diagnosed with terminal cancer and my mom does not read or write and I need to handle the financial affairs. They do not have a lot of money so I do not know what the cost is to get this process done . Any advice would be appreciated .
answered on Oct 2, 2020
Your father may want to grant a Medical Power of Attorney as well as a Durable [Financial] Power of Attorney. You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).
answered on Sep 26, 2020
Are you on the deed? Have you filed to probate your husband's estate? Federal law prohibits a lender from foreclosing for six months after a court appoints someone to settle the estate.
My father in law passed away in June 2020. My husband has presented all documentation to the bank within 2 weeks of his dad's passing. However, the bank keeps giving him the runaround. The bank won't provide any information as to any of his dad's accounts or when they will be... View More
answered on Sep 25, 2020
You do not write what "documentation" your husband presented. If the bank accounts were held Pay on Death ("POD") to your husband or Joint with Right of Survivorship ("JWROS") with him, a death certificate should suffice. Otherwise, someone will have to submit his... View More
The agreement was that they would be paid once I sold the house. I was laid off due to COVID, I informed them of this and they stated it was not their problem. I only have a couple of more steps to close the case. I am not sure how to proceed, I am located in Texas. How will this affect my case?... View More
answered on Sep 22, 2020
You do not note whether the agreement is written. Everyone's memory is fallible.
If I have these suspicions, should the police get involved first, or should I consult with an attorney first? I no longer have access to current financial records and the elderly woman would probably deny any abuse.
answered on Sep 21, 2020
You can make an online report to Adult Protective Services. You can also find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).
since 2016. The will is now in probate and I would like to look at the records of how my moms money was managed, but when I asked my sister, the request was denied. What do I need to do to be able to review the records, not just current estate value, but historical records as well?
answered on Sep 21, 2020
With regard to your sister's actions as your mother's agent under the Durable Power of Attorney (that is, while your mother was alive), there is a provision of the Texas Estates Code which allows anyone who would be an heir or beneficiary or who can persuade the court that they have a... View More
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