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Texas Estate Planning Questions & Answers
0 Answers | Asked in Immigration Law, Estate Planning, Foreclosure and Real Estate Law for Texas on
Q: DOES AN ILLIGAL UNDOCUMENTED PERSON THAT CAME IN THE US WITH A TEMPORARY VISA , GET HOMESTEAD RIGHTS IN TEXAS?

DOES AN ILLIGAL UNDOCUMENTED PERSON THAT CAME IN THE US WITH A TEMPORARY VISA , GET HOMESTEAD RIGHTS IN TEXAS?

0 Answers | Asked in Estate Planning for Texas on
Q: Need estate assistance.

Father passed away in 2006 and I was named the administrator of estate. I just sold the property May 23, 2022 and need to distribute funds accordingly. What do I need to do? I created an estate EIN and plan to go to bank this week to open estate account and put the proceeds from sale in it. Is this... Read more »

0 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Gov & Administrative Law for Texas on
Q: Misrepresentation of cemetery plots within a pauper burial section.

I have a large family. My parents owned six plots in our city cemetery and were researching more plots to buy nearby for our family. The sexton at the time offered them 11 plots together in another area of the cemetery, which my parents accepted. My parents have spent a considerable amount of time... Read more »

0 Answers | Asked in Estate Planning, Land Use & Zoning and Municipal Law for Texas on
Q: Family cemetery in our front yard since 1970. How can we make it tax exempt and will it matter it's in our front yard

Family has been buried there since 1970. However it's literally in our front yard. How much of our property can we make tax exempt?

0 Answers | Asked in Estate Planning and Family Law for Texas on
Q: Can my younger sister sell my oldest sisters house out from under her and leave her homeless.

My mom and oldest sister have lived together for the past 19 years. They sold the home my sister paid for and used the proceeds to purchase a MH. My younger sister asked my mom if she wanted to put it on her land so she could help. My mom passed away on 1/22/21. My younger sister promised to take... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: How do I give him my home without any future risks? Like, he dies and wife inherits. Co-owner? How to add to him deed?

I'm trying to figure out what the best option is. My son and his wife will make the many costly repairs needed on my home and pay the $25,000 worth of back taxes on it. Is there a way that my son can be part owner before my death, without complications? Or must the deed be done now & state... Read more »

John Cucci Jr.
John Cucci Jr. answered on Apr 30, 2022

There are a few tools that can be used to help achive your goal of transferring the property to your son, while protecting it from the risk of a bad marriage or divorce later.

It would not cost much but there are special deeds, including a Life Estate, that can do what you want....
Read more »

1 Answer | Asked in Contracts, Family Law, Probate and Estate Planning for Texas on
Q: How do I prove i signed a will under false pretenses ?

Back in October of last year, my partner was diagnosed with cancer, His daughter came to where we reside and had been discussing power of attorney with me and I said yes I would let her be responsible for his healthcare should his condition worsen after his surgery. My partner was at a hotel and... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 14, 2022

Wills can be revoked. The easiest way to revoke them is to get them back and burn or shred them. I suspect that will be difficult to impossible in your case, however, so you will have to use the other method, which is to do new wills that expressly revoke all prior wills. Then entrust them to... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: Last Will & Testament vs Trust?

my hubby & I married into a blended fam; We created a will together plus wrote specific instructions bout dividing, distributing assets, and property and had signed in front of a notary.

Is that enough or should we have done a Trust?

Is a Trust better than a Will?

Does... Read more »

Isaac Shutt
Isaac Shutt answered on Apr 3, 2022

It definitely matters. With blended families, I recommend a trust. Here's the reason why:

Let's say you have a will that gives everything to the surviving spouse upon your death. The issue is that the surviving spouse can change his will to give assets only to his kids at his...
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3 Answers | Asked in Estate Planning and Family Law for Texas on
Q: Paypal and others asking for legal documentation or a copy of the will that identifies the executor of the estate

My husband died Nov 2020 and I have paypal and other paid subscriptions asking for legal documentation or a copy of the will that identifies the executor of the estate, what do I need to do to get that. My husband did not have any life insurance or major assets other than our home. So there is not... Read more »

Jaime Victor Papa
Jaime Victor Papa answered on Mar 28, 2022

Good afternoon, you will very likely need to go to probate court. I recommend that you hire an attorney to help you with the probate process.

In Texas when one one spouse dies with or without a Will, generally the other spouse will have to go to probate court. If you do not go to probate...
Read more »

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1 Answer | Asked in Estate Planning for Texas on
Q: Can a POA and the Beneficiary on my father’s CD be sued for not dividing the CD among the three daughters per my father
Isaac Shutt
Isaac Shutt answered on Mar 26, 2022

It really depends. Was there a beneficiary designation? If this POA person was listed as the beneficiary, then legally the CDs probably belong to that person. You may have a claim if your father instructed the POA person to change the beneficiary and the POA person didn't help make the... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom passed away Jan 26 2022 ,she didn't have a will,she has 4 children and no spouse ,she owned a home ,do I need a l

She also had over ten thousand dollars in her bank account that my older sister has emptied out excep100 dollars ,can she sell the estate ,do I need a lawyer

Todd Alan Marquardt
Todd Alan Marquardt answered on Mar 11, 2022

Yes, you will need an attorney to represent you in Administration and Heirship proceedings. An administrator for the estate would need to be appointed to have the power to sale property. As for the bank account, the account set up would need to be reviewed to see who owed the account. please feel... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: Is a Small Estate Affidavit only to be used if the deceased did not have a will?

My father did have a will which has already gone through the probate process. We are doing a stock transfer to my mothers name but we are being told we need a SEA for all accounts to move forward. From what I understand if a will was in place you cannot use a SEA...is this correct? Thanks for your... Read more »

Paul Premack
Paul Premack answered on Mar 2, 2022

You are correct. A Small Estate Affidavit, pursuant to Texas statute, may only be used when the person died intestate (without a Will), and then only for non-real estate assets that do not exceed $75,000 in value (except for the homestead, which can be included and of higher value if passing to a... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: I have 86 year old mom that has now been diagnosed with dementia. I am her POA of her medical, financial accounts.

The POA is notarized and filed. However, due to the pandemic her will has not been notarized nor filed. Now mother is not able to make any decisions. What can I do to allow her unsigned Will to be upheld in what she wants done after her death? Mother would like for her house to be sold and... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Mar 1, 2022

It is important the you immediately contact an estate planning attorney to discuss your mother's situation. You can bring the unsigned will to the meeting and the attorney can advise whether or not it has any validity. Additionally, the attorney might be able to provide you some guidance... Read more »

1 Answer | Asked in Securities Law and Estate Planning for Texas on
Q: Can the executive of a will over ride the Beneficiary for investments

I am the Beneficiary for the investments my ex-wife made she passed away in2019 her executive of the will told me that she gave everything to her Granddaughter I asked for the paperwork and he told me that I was trying to dig up dirt on my ex-wife. Can he override the Beneficiary for investments

Paul Premack
Paul Premack answered on Feb 28, 2022

Your divorce eliminated your name as beneficiary on investments. Investments like a mutual fund or stock are allowed to have a "pay on death" or a "transfer on death" designation. Sometimes the accounts will be in both names, with a "right of survivorship". The goal of... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: How do I set up a special needs trust account to receive a $3,000 inheritance and, how much does it cost to do myself?

I live in Texas, I will be inheriting abt $3,000 from my fathers passing back in November. I'm on SSI (

Todd Alan Marquardt
Todd Alan Marquardt answered on Feb 25, 2022

We are not able to quote services as all cases are different. We would need to speak with you and have a full understanding of what you are needing to give you a correct answer to your question. Please feel free to call our office and schedule a free consultation.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My father just passed away and I am his only biological child. So, in the matter of his belongings/estate there is only

What steps do I need to take?

Todd Alan Marquardt
Todd Alan Marquardt answered on Feb 21, 2022

The next step would be to probate his estate so that assets can be transferred. Probate of the estate can go a few ways but generally is the probate of a Last Will and Testament, which is the ideal probate, or by submitting an Application for Administration with heirship proceedings if there was... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: How to remove my deceased husband’s name off our homestead residence.

Home passed to me automatically thru joint tenants with right of survivorship deed. I want to add a transfer on death deed for when I pass away but believe I have to remove my husbands name from deed before recording a transfer on death deed

Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

If you have title as the survivor, no further deed conveyance is needed. Your future interest conveyance will need a proper derivation of title clause, and a recorded affidavit would help. Hire a competent TX attorney to draft that deed.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Is a certified adult name change order sufficient to attach to an existing Power of Attorney in Texas?

I got married and legally changed my entire name. I am the agent on my parents Statutory Durable and Medical POA', and I am listed as a beneficiary in their wills as well. My financial institution is allowing me to attach a copy of the certified order of my name change to their POA's for... Read more »

Daniel Palmer
Daniel Palmer answered on Jan 10, 2022

Statutory Durable Powers of Attorney are tricky in that different financial institutions have different requirements. While the certified order may suffice for purposes of one financial institution, it may very well not for another. The safest bet would be to create new powers of attorney which can... Read more »

2 Answers | Asked in Estate Planning for Texas on
Q: : Me and my boyfriend of 12 years bought property together and built a home for retirement.

He wants to put in a trust for kids. If something happens to either one of us can the other change trust or sell property?

Paul Premack
Paul Premack answered on Jan 7, 2022

There are a number of legal issues you must consider. Since you are not married, the purchase would be classified as creating separate property owned partially by each of you. However, Texas has a "common law marriage" regime that could allow either of you to claim marriage and try to... Read more »

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