Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

Inheritance tax laws can vary depending on the jurisdiction and the specific circumstances of the inheritance.

The trust itself dictates when the trustee is required to make any distributions to beneficiaries.

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

You have two separate issues.

Regarding the probate issue, as an heir at law, you can object to your sister's appointment as the administrator of your mother's estate. If you don't sign the waiver, they'll just serve you. If you don't respond, your sister will be... View More

No. Ask yourself this question: Before your mother had dementia, would it have been alright for her to include your sister's name on all of her bank accounts? A durable power of attorney gives the attorney-in-fact (your brother) the same rights as the person who signed it (your mother).

While it would be rare for an attorney to accept such a case on a contingency fee, attorneys who do accept such cases are likely to require a 40% or 33-1/3% contingency fee. This fee would usually be calculated after the attorney is reimbursed for any case expenses incurred in the litigation... View More

Hire an attorney who practices probate law in or near the county where the decedent lived at the time of his/her death. It will be much easier if the decedent signed a properly prepared Last Will and Testament.

I'm sorry you find yourself in this situation. Unless your mother named you on a durable power of attorney as her agent I don't think any conveyance of real property would be proper. If you are her named agent on a durable power of attorney then confirm the right to convey property is a... View More

Generally, the owner of the property must sign a deed that would transfer all or a portion of the property to you. If the owner is deceased, this could be done through a regular probate proceeding, where a personal representative of the estate would be authorized to distribute the home from the... View More

Depending on the facts and circumstances, it is probably not legal for a company to hide the deceased employee’s private documents concerning such matters from his widow. It is more typical for an employer to release the employee’s personal effects and documents which the employee may have... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2023

Your best move was to sue him on your homestead claim or intervene in the Estate proceedings.

You still have some legal options, including a lawsuit against your father in law for his malfeasance and failure to manage the estate assets and save the property from fc or waste.

You... View More

MTV moved in 2009. According to news reports in 2009:

Landlord SL Green has put the space on the market, saying it could go retail or to another broadcast, but Viacom didn't renew the studio's lease. He told the paper, "We're taking it back from MTV at end of year.... View More

It depends on facts not within your question.

If your father executed the deed and delivered it to his girlfriend with the intent to convey ownership to her prior to his death, but it simply wasn’t recorded until after his death, then it is most likely the girlfriend owns the property.... View More

The Affidavit of Heirship form is promulgated by the Texas legislature, and it is important to use the correct form for your jurisdiction. Providing legal advice or helping someone complete an Affidavit of Heirship without a license to practice law in the relevant jurisdiction would be considered... View More

Generally speaking, there are a few common ways a trustee can be appointed:

Creation of a trust: When a trust is created, the person establishing the trust (the "settlor" or "grantor") will appoint a trustee by naming them in the trust document. This is the most common... View More

The time it takes to form a new trust and appoint a trustee can vary depending on the specific circumstances and complexity of the trust. The process could take anywhere from a few days to several weeks, depending on the complexity of the trust and the availability of the parties involved.... View More

It sounds like the Central Appraisal District ("CAD") lists the Estate as the owner. If your mother's will wasn't probated, schedule a meeting with a probate attorney. Even if you can't find the original of your mom's will, you still need to meet with a probate... View More

enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... View More

Why not just use an existing template like this one https://affidavitforms.org/tx/texas-affidavit-of-heirship-form-53-111-a/ that is available free online?