who then gave it to her other son. He (the other son) refuses to send any of that money to my friend in TDCJ. Can he sue? Will a letter from an atty's office suffice as a legal encouragement to pay? Will he have to sue the mother? Since she is Power of Attorney?
My fiancé passed away Sept 30, 2023. Our 5th wheel camper is the only thing in both of our names. His son and daughter is his heirs. His daughter is trying to tell me that I have to give her a key to the camper (she's not acknowledged that I have personal belongings in there). When he was... View More
Dad had 2 kids previously. Mom and dad married had 4 children together. Dad controlled 100% of assets when mom died and the four kids got nothing. When dad died with no will in 2021, the 2 estranged half brothers wanted equal share of all assets. NOW, one of the half bros passed away before... View More
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
I filed affidavit and it has been filed thru deeds office. I have a buyer for the property and the title company wants to give half of sale to his living father. My husband has put property in his will to me, even though it wasn’t in his name.
Assuming that your husband died after his mother, then you really should probate your husband's will. If you don't, then his heirs under Texas law inherit instead....so it's incredibly important for you to get a probate attorney to probate his will pronto. The process can take a...View More
In Texas, when someone dies without a will, state law dictates how their property is distributed. If your husband passed away with no will and had children from a previous marriage, the division becomes more complex. Typically, you'd inherit half of the property acquired during the marriage,...View More
My mom recently passed away. She is in Pennsylvania, and I'm in Texas. Me and my fiance don't have the money to go to Pennsylvania to take care of her affairs. It would cause us financial hardship to do so.
A friend told me if I gave him power of attorney over me, he could take... View More
Assuming the probate is taking place in Pennsylvania, I do not know the laws in Pennsylvania but in Texas you could waive your right to be executor/executrix of the estate and allow someone else to do it. I would caution you to make sure that it is someone you are certain you can trust.
If the wife did not have a will and the property is community property, the spouse has a life estate interest in the home and owns half of it. His community property half. The other half is owned by the biological or adopted children of the wife in equal parts. The husband should not be able to...View More
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
To transfer ownership of the property without a deed or will, you'll typically need to go through a legal process. Since the previous owner passed away, it's essential to follow these steps. First, you may need to initiate probate court proceedings, especially if the previous owner passed...View More
Hello, my brother and I are co-executors and the only beneficiaries in our deceased parents will. They own a stock with Computershare that is now valued at $100k. My father passed first in February 2022 and my mother in this past Feb. She was in the process of getting us named as beneficiaries to... View More
No you cannot probate pro se. That is not allowed as you are not an attorney or representing yourself but attempting to practice law when representing another or their estate. You will need to hire an attorney to probate the will and it does not appear to qualify as a muniment of title.
To file for a change of venue in your probate case due to a conflict of interest in Texas, you can take several steps. First, review the rules and procedures of the probate court where your case is currently filed. Then, draft a formal motion explaining the conflict of interest and your reasons for...View More
A mother and son owned property, both are listed on the deed. Both have now passed away--the mother first over 20 years ago and the surviving owner one year ago. Title company is asking for a new affidavit of heirship (AOH) for the mother, and her deceased spouse. Current AOH for the mother lists... View More
While it is always best practice to probate a will, her will would need to have been probated within 4 years of her passing. If it has been more than 4 years it is too late to probate her will but it might still be useful for family settlements. If all property is community property and your...View More
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.
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
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