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Questions Answered by David L. Leon

2 Answers | Asked in Estate Planning for Texas on

Q: Does a will have to read to the beneficiaries before it is probated in Texas.

David L. Leon answered on Jan 23, 2012

The will doesn't have to be read to the beneficiaries. However, the Probate code requires that all beneficiaries are to receive a copy of the will once it's filed for probate.

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1 Answer | Asked in Estate Planning for Texas on

Q: Who do i file my parents last will?

David L. Leon answered on Jan 23, 2012

If your parent is alive, then there's no need to "file" the will. Your parent has the option of placing it with the county clerk's office for safekeeping. Otherwise, your parent should just keep it in a safe place where the named executor can find it when the time arises.

If your parent is...
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1 Answer | Asked in Real Estate Law for Texas on

Q: My sister and I bought a house together. She paid the down payment; I pay the mortgage. She died. Is the house mine now?

David L. Leon answered on Jan 23, 2012

Not necessarily. If the house was TITLED as "joint tenancy with rights of survivorship" when you bought it then yes, the house is yours. If not, then the house is partly yours, and you share that with the heirs of your sister's estate. The heirs could be listed in a will (if she had one), or her... Read more »

1 Answer | Asked in Estate Planning for Texas on

Q: Does the executor of a Will have absolute power on estate management even though my name is mentioned on Will too?

Brother is executor of Will but Will stated that all assets be split evenly between us. Now he is deciding on how to handle assets and selling properties (at way below market value) on his own with disregard to my input.

David L. Leon answered on Jan 23, 2012

If the Will provides for an independent administration, then yes, he can manage the estate as he sees fit. However, he still owes a fiduciary duty to the heirs. This means that he can't steal estate assets, nor can he self deal.

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