The only person with keys to the house is a non family member who was taking care of my uncle when he was sick, and he won’t hand the keys over.
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answered on Mar 14, 2024
Gaining access to a deceased family member's home to search for their will can be complex, especially when the keys are held by someone who is not part of the family. It is essential to understand that the process and legality can vary depending on your location. Typically, if you are the... View More 
My mother is 89 years old and has documented dementia since 2014. My father cared for her until his passing in Feb. 2023. One brother took approximately $300 - $400K out of bank accounts and opened a new bank account that has him and my mother both as signers. There is no way my mother would have... View More
answered on Mar 11, 2024
A person cannot simply declare themselves another person's legal guardian. It requires a determination of incompetency and court order.
A person cannot legally change a power of attorney signed by another person. The person making the power of attorney can do that by revoking a prior... View More
I know they went to the court house and filed for a marriage license but I haven't found one yet se never claimed his last name but he is listed on the deed of trust his name first & hers following and now I found out she signed a warranty deed over to her daughter without my grandfather... View More
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answered on Mar 4, 2024
If Grandfather's wife owned an interest in property, she can convey it. Hire a TX attorney to search the title and determine present ownership. No fraud by your stated facts. Deed may have been a nullity with not interest conveyed. Grandfather would then have standing to file suit to... View More
What do I need to do
Authorization been using my bank draft for public use what should I do
answered on Mar 5, 2024
It's possible this could involve elements of Canada law. But the short answer is to be careful in dealing with business offers, donations, gifts, or bequests from people you don't know. You could review the matter with a Texas attorney to determine its legitimacy. Good luck
I was pushed to sign a will of my own assets and finances against my own desires
I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More
answered on Feb 23, 2024
If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.
Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in... View More
Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More
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answered on Feb 19, 2024
The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More
Will that states he gives everything to my grandma. Do we still need to probate his will if there’s only one estate?
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answered on Feb 9, 2024
Even if your grandfather's will only leaves everything to your grandmother, and she has since passed, it's still advisable to probate your grandfather's will. Probating his will can ensure that his assets were legally transferred to your grandmother, which can then be properly... View More
Parents had Will created in Texas before mom passed away in 2019. Dad has recently remarried in Oklahoma. Dad is planning on selling house in Texas and buying a house in Oklahoma. In the Will, the house in Texas was being left to the children. How does this remarriage in Oklahoma affect the... View More
answered on Feb 6, 2024
The Will remains valid as to the disposition of the dad's estate; however, his new wife will now have widow's rights and will have an undivided 50% ownership interest in all community property they acquire during the marriage.
Mom and dad created a will before my mom passed away in 2021. My dad has recently remarried. How does this remarriage affect the will?
answered on Feb 5, 2024
The Will itself remains valid, but the new spouse may have widow's rights separate and apart from the Will. Also, any property acquired by the couple after the remarriage will be community property of the couple. Dad's Will can only dispose of his undivided one-half interest in such... View More
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answered on Jan 28, 2024
Yes, you should hire a Dallas probate attorney as soon as possible. At a minimum, a probate attorney could research the probate court's records and then make recommendations to you for how to proceed.
If your father had a valid last will and testament, it's possible he gave... View More
I have been the POA and guardian for nearly 10 years. Right before his death other family members blocked my phone calls to him. I was not notified of his death and a month afterwards I found his obituary. When I went to the county records office I was notified he had sold his property a month... View More
answered on Jan 29, 2024
If you have been the guardian of your grandfather and his estate for that long, the court that appointed you 10 years ago must have determined that your grandfather was incapacitated and that a guardianship is necessary. Your grandfather's incapacity probably provides a valid basis to set... View More
We are being sued in probate court for a property that was left to us through a ladybird deed. We desperately need an attorney that understands the difference between a ladybird deed and a transfer on death deed.
answered on Jan 29, 2024
A TODD and a "ladybird" deed are very similar with three important differences. 1) A TODD does not provide a warranty of title, whereas a labybird can; 2) a TODD can only be signed by the actual owner and not by an agent acting under a POA; and 3) only the owner can retain a life estate... View More
Home, land & vehicles are only in my husbands name. Neither of us have a will. So if he should pass away, does everything come to me or does he need to add me to the property and house deeds? We have concerns about this due to me never being on the deeds. We also need to make wills soon. We are... View More
answered on Jan 26, 2024
Without a will, 1/3 of your husband's separate property will pass to you and 2/3 of your husband's separate property will pass to your children. As long as all of his children are your children, you will get the community property. If not, you will still own an undivided 50% of the... View More
How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More
answered on Jan 9, 2024
Please accept my condolences for this tragedy. I would start worth people know about lost things and your situation. Your jurisdiction is different than mine but people are not different. I would call the local probate court or better yet go there and talk to people who have encountered the same... View More
I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.
Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.
answered on Jan 9, 2024
You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.
If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole... View More
I keep getting billing statements addressed to "The Estate of...." from American Express
The only "individual" assets she had were her personal belongings. I was "joint owner" on both her checking and savings accounts. I was the beneficiary on her life... View More
answered on Jan 8, 2024
No. A child is not legally responsible for the debts of a deceased parent in the absence of a contractual agreement signed by the child.
Forward the AmEx bill to the personal representative of your deceased mother's estate. It should be paid by the PR out of any non-exempt assets of her Estate.
named me executor and sole beneficiary. I understand I do not have to show him this will until I have been appointed by the court, however, should I respond to his text? Would a response show that I am agreeing to text communication with him?
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answered on Jan 4, 2024
Your question does not state whether or not, anyone has filed to Probate, your mother's Will.
If he has filed it, you better get busy and submit a filing of your own. You should not wait.
You are correct, if you are named as Executor, you have control. But you must file soon.... View More
giving me 5 business days to send him a copy of her will. Do I have to send a copy to him?
answered on Jan 4, 2024
Until you are appointed as the executor you are not required to give anyone a copy of the Will. Until you are appointed, you really have no legal authority to handle any aspect of her estate; a Will is just a piece of paper until the Court rules it is a valid Will and admits it to probate.
My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate.
She told the police officer she was his grandmother and his next of kin. They did no research and put her down as... View More
answered on Dec 20, 2023
The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe... View More
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