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
Supporting myself since I was 16. With that being said, my Dad got ahold of the funds before they were given to me and now he is withholding them from me. In this legal? Is there anything I can do to make him give it to me ?
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answered on Dec 14, 2023
In your situation, where your uncle left you $5,000 in his will and your father is withholding these funds from you, it's important to understand your legal rights. As a beneficiary named in a will, you are entitled to receive what was left to you, provided the will is valid and has gone... View More
It was stolen and the company office here shut down what's happening to my dividends?
answered on Nov 29, 2023
The John Hancock Life Insurance Company is still in business. It seems likely that it was just your local agent's office that closed. You should contact the company directly to secure another copy of your policy. You can check your account online to insure that your dividends, if any, are... View More
residue of the trust estate to the then-living issue of Trustor"s mother, by right of respresentation." I need to know if this statement requires me to include the children and grandchildren of siblings that preceded the trustor in death. The trustor had no living children nor... View More
answered on Nov 14, 2023
Taking any phrase out of context is inherently dicey. It sounds like the clause requires you to distribute to your deceased sister's siblings and their descendants.
Dividing something by right of representation requires a careful review of all of your sister's mother's... View More
answered on Nov 13, 2023
While you can use a codicil to update your wills, it will make things easier and more clear for your heirs, trustees, proxies, and the court if you simply rewrite them how you want them to be now. Once you update them, collect all of the old ones and discard them.
I have actually had a... View More
answered on Nov 13, 2023
Yes. It will significantly reduce your property tax liability.
Make vague discriptions of mental wellness and judging their intellectual disability. Never heard of intellectual disability
answered on Nov 7, 2023
No, not really. A person typically is free to leave his property to whomever he wants in a Will. If a person dies without a Will, his property passes according to the laws of intestate succession.
Unless a sitting Texas senator is named in the decedent's Will or is related to the... View More
Her spouse left her 30+ years ago, but have not divorced. My Aunt is now deceased.
answered on Nov 2, 2023
First I'm very sorry for your loss and offer my condolences.
Generally, a designated beneficiary on a 401(k) passes outside probate much like life insurance or any other account with a designated beneficiary. It is handled based on a written contract and does not come into probate.... View More
Texas - Father died in 2010 with no will. His wife was not on the deed for the home and land, but they were married during the paying of the mortgage (13 of 20 years). Do her children have any rights to the equity in the home?
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answered on Oct 9, 2023
Hire a TX attorney to search the title and determine heirship. Father's heirs probably own the property. But tax payments may have a bearing.
Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More
answered on Sep 25, 2023
The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More
I'm afraid that my uncle and his girlfriend might have changed the will.
answered on Sep 22, 2023
If you think your father’s will was altered, you should hire a forensic document examiner to examine the original Will to determine if there is any evidence of alteration.
You might also ask the attorney who prepared the will if he kept a draft in electronic format and compare the draft... View More
I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?
answered on Sep 15, 2023
I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough... View More
The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.
answered on Sep 14, 2023
I agree with the previous answer. If it's possible the pastor doesn't know about the heir, it could be that the pastor thought the pastor was actually doing the right thing.
Aside from that, you should definitely consult with a probate attorney ASAP. You probably want to file in... View More
My father left 2 specific, repeated, verbal instructions (but no will) 1. The house goes to the youngest daughter, and 2. Y'all better not fight over this house!
It's a modest house, 700 sq. ft. and everyone owns their own home already, with their families, except our youngest... View More
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answered on Sep 5, 2023
Hire a TX attorney to force a Sale For Partition.
My grandpa from Texas passed a year ago. I am the sole beneficiary, but my great aunt was listed as the executor. I am in California and she is in Michigan. I wanted to put myself as executor. A friend of my grandpa’s in Texas misunderstood this and put herself as executor.
My grandpa had... View More
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answered on Aug 28, 2023
When an item of tangible personal property (such as an RV) that secures a loan is repossessed because the loan is in default, the lender typically auctions the repossessed item and applies the proceeds to the balance due on the loan. Typically the proceeds are not sufficient to pay the balance... View More
Is there a trust that would have avoided this?
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answered on Aug 25, 2023
In Texas, there are various types of trusts that could potentially help protect assets like a house from being counted as part of a person's assets when determining eligibility for government assistance programs like Medicaid. One commonly used trust for this purpose is an irrevocable Medicaid... View More
I have a civil Judgment that that wont go away with bankruptcy. I have no money, no income or assets. This person who sued me knows all of this but some how managed to get a large judgment of like $500,000 against me. I believe this person did this because they know I am set to get a large... View More
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answered on Aug 17, 2023
Hire a competent TX attorney to get advice on asset protection. There are numerous methods to protect most if not all that possible inheritance. A transfer to an off shore situs trust is the best method, but many simpler approaches may work for you. Texas has an excellent Homestead for... View More
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answered on Aug 15, 2023
Inheritance tax laws can vary depending on the jurisdiction and the specific circumstances of the inheritance.
How long does she have to distribute my part of the estate. It never had to go to probate.
answered on Aug 15, 2023
The trust itself dictates when the trustee is required to make any distributions to beneficiaries.
My sister has made it a point to hire her family friend to probate the will and didn't include me for some reason. Is there something for her to gain by doing this? And I have yet to receive a copy of the will. I do know that she is entitled to half of everything and the other half is to be... View More
answered on Aug 3, 2023
This is why you should have an attorney help you. Your attorney could help get a copy of the will AND make sure that the executor follows the law.
Just to do the above, the cost is actually usually pretty low. So, I'd recommend reaching out to an attorney in the area where the... View More
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