You probably wouldn't file a chapter 13 if you have no income. House and car may be exempted somewhat in a chapter 7. You need to speak to an attorney about your specific situation, as an answer on how to proceed depends on many factors.

Use the Find a Lawyer function on the State Bar of Texas to find a probate lawyer in your county.

You need to take the documents, your account and any Will to a local probate lawyer. If there is no Will, apply for a Determination of Heirship and Letters Testamentary. Foreclosure is supposed to be postponed until six months after the executor or administrator is appointed. This does not... View More

Your question is not clear. Will what still be the same?

An Affidavit of Heirship is signed before a notary by two witnesses who know the family composition and do not stand to inherit and then recorded in the deed records of the county clerk in the county in which the real property is located.

An Affidavit of Small Estate is signed before a... View More

You may have sold your house already. The investor does not want to catch the loan up while you are still in the house because you may then decide not to leave. One of the problems with this type of deal is you will remain responsible for the mortgage until the investor sells the house and pays off... View More

If your mother and stepfather left property in California, please repost under California probate. While California and Texas (where I practice) are both community property states, the rules are a bit different.

Please also make sure that you want to file an Affidavit of Heirship, which... View More

Homestead laws only apply when you reside in the property. You indicated the homes are being rented out, so you might not have this exemption. You should speak to a local bankruptcy attorney that can more accurately analyze the situation.

If this was your first case the mortgage company should not have foreclosed while the automatic stay was in place. The automatic stay is in force from the time the case is filed until it is lifted or your case is dismissed. Getting locked up does not terminate the stay. Having your case... View More

Anyone who signs a power of attorney appointing someone as agent must sign the revocation. In addition, they must notify all interested parties (the former agent, any bank or other entity which might be asked to treat the power of attorney as current). Anyone who is not notified is entitled to... View More

I suggest consulting directly with an attorney on this as a lot more details would need to be known before any good advice can be given. Further, don't take or not take action according to answers you receive on a forum. Forums are good for general information; however, they are not meant to... View More

This often works. I think she did the right thing if she has regular income and afford the plan payments. If not she could only be using the file to obtain cheap rent and delay the inevitable, which could have real economic value in the short run, but not address her long term need for affordable... View More

Many times back owed HOA fees are paid out of the closing proceeds even in a foreclosure or short sale. For the bank, this is a better deal than having to go through a foreclosure even with the added fees included. HOA liens are separate from the mortgage holder’s lien.

An HOA does not... View More

Petition? I'm not sure what you mean by that. If you have an active warrant for a probation violation you need to hire an attorney to talk to probation and the prosecutor to see what can be done.

Breaking even will depend on the amount remaining in mortgage debt, the amount owed to the HOA, and the purchase price. The HOA and mortgage will need to be paid off at the time of any sale or before.