Houston, TX asked in Estate Planning for Texas

Q: when doing a small estate is my sister signing over her rights

see my sister way across the country and the only one to handle her affairs is me cause im in the united state so i want to be sure if she not signing away her right as her being her daughter and what are the step that need to be taking my mother has passed away and did not leave a will

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2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Hire a local probate lawyer to help make sure that the Small Estate Affidavit is completed correctly and to efile it for you.

In a Small Estate Affidavit the heirs and the witnesses promise that all of the decedent's bills have been or will be paid.

In a Small Estate Affidavit the heirs promise that they will divide the remainder according to the Texas law of descent and distribution. No heir gives up their rights.

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Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: If you are talking about "estate planning" and signing a power of attorney, your mother should speak with an estate attorney in her location. In any power of attorney you can choose to limit what rights you give someone and when they take effect, i.e. upon disability or immediately.

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