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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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
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 »
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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 »
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
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.
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 »
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 »
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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