Get free answers to your Probate legal questions from lawyers in your area.
My dad stated I would be owner he he passed. My brother was the administrator and didn’t pay off the liens on the house nor distribute the estate money. The house went into foreclosure and I paid the liens off to keep the house because I was already living there with my children. I want to know... View More 
answered on Nov 18, 2024
You can file a suit to partition the property by sale and offer to buy out the other two heirs' interests.
My dad was involved in a Roundup lawsuite that close to payout now, but the attorney handling his case will not accept an affidavit of heirship and and has told us they have to have sufficient proof of authority under Texas state law establishing her ability to settle my dad’s case on behalf all... View More
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answered on Nov 8, 2024
My condolences as it is always hard to lose a parent. You will need to start a probate proceeding in Texas. In most Texas counties they require that you have an attorney since you are not representing yourself actually you are representing the decedent's estate. One issue is that in Texas you... View More
My late brother's children sent me a letter asking for their fair share of the estate. Do I need permission from them to sell my parent's house if I am the only remaining member of our immediate family, as my mom passed last year, and my brother in 2013?
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answered on Nov 5, 2024
You will have to follow your dad's will, and probate it. Presuming he had a will. If he had no will, then the laws of intestacy of your state will govern who gets what. You will not be able to use the POA to sell the house, a POA "dies" when the person granting it died. You will have... View More
My Dad has a huge depot card and my sis is a card holder. Recently the fridge broke and then the microwave. She bought new ones, BOTH charged to home Depot with the credit card. I had found a cheaper microwave at Walmart but she insisted it come from home Depot. The fridge was over $3000. Does she... View More
answered on Oct 22, 2024
A cardholder who is an authorized user of someone else's credit card is not the person legally responsible for the debt. The account holder is responsible for the debt and can authorize whomever he likes to make charges on his credit card account. Since you are not the account holder, you... View More
to put the property in a family trust. What needs to be done to accomplish this ?
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answered on Oct 17, 2024
Hire an OK attorney to search the title, determine heirship and draft a deed from the tenants in common over to the Trustee for the Trust. Attorney will need to draft the Trust Instrument with the TIC appointing someone Trustee. Deed must convey to the Trustee of the Trust, not the Trust... View More
My dad and stepmom are both on the deed/title to home. Stepmom just recently passed away and dad is looking to get a home equity loan for the property which is completely paid off. Stepmom has 2 adult children as heirs and there was no will. How could this be navigated to be able to get the loan?
answered on Oct 11, 2024
If the title to the property was held as joint tenants with right of survivorship or tenants by the entirety, your father would own the property solely in his name upon the passing of your stepmother. If the title was not held as joint tenants with right of survivorship or tenants by the entirety,... View More
My grandad just passed away he had no will. So his oldest daughter is making decisions she is selling his property she claims will be divided. She ain't one to trust so what should I do to claim my father's part in his father's estate?
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answered on Oct 8, 2024
I would highly recommend that you consult with a probate attorney as there are numerous additional facts needed to provide an answer. If no application for probate has been filed then you could potentially open a probate case allowing for a legal distribution of the decedents property. You should... View More
Brother is contesting me being executor. Will that hold up eviction. No judge order has been issued JP ruled in our favorite is appealing to higher court civil coirt. Will the contest hold up evictioncase
answered on Sep 20, 2024
The eviction case will be stopped while the case is on appeal. However, your niece should be required to pay rent while the appeal is pending. Once the appeal is resolved, you can move forward with the eviction. If you are removed as executor, your ability to evict will also be removed, so your... View More
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answered on Sep 20, 2024
In Oklahoma, the statute of limitations for appealing a probate case is generally 30 days from the date the final order or judgment is filed. This timeframe is strict, so if you miss the deadline, you may lose the right to appeal.
However, there may be exceptions in certain circumstances,... View More
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answered on Sep 10, 2024
The lawyer handling the probate matter should be able to draft this for you. If you do not want to contact them, look at the Texas Estate Code, to see what elements are required for the waiver. Texas does not mandate the use of a specific form. As long as all elements are represented the waiver... View More
I have copies of checks, Facebook messages, a copy of the estate showing that 5 people conspired to ensure the estate did not go to who it was supposed to. There 4 are a lot of factors in this case and I have been dealing with it for 4 years.
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answered on Sep 10, 2024
I would recommend you start looking for a lawyer in the county where the probate case is pending (or the county where Decedent had his/her residence at time of death). A lot of your question (if there is one), depends on whether there is a will, maybe a trust, or just nothing at all. The second... View More
My dad died and he had a truck he was paying on. His ex wife was a co signer when they got the truck when they were married. They got divorced and he got the truck. But the registration didn't reflect the divorce winner getting the truck it has both of them on it. He's been making the... View More
answered on Sep 9, 2024
If the truck was awarded to your father in his divorce decree, it passed at the time of his death to his heirs. While he should have transferred title to the truck into his sole name and paid off or refinanced the loan, the divorce decree is a muniment of title reflecting that the truck was... View More
Dad had dementia & alzheimers for years before death. Will signed 3 months before he passed. The trust was never funded. Possible that will was tampered with. Her own lawyer said "I was under the impression that all the kids (adults from previous marriages) knew all the assets of the... View More
Dad's will in probate his widow states she is only beneficiary of dad's estate period. Also does not have to provide inventory list since she is ONLY heir. On aff. Of heirship on house she lies and says dad died without a will then 1 month later puts a will thru probate.
answered on Sep 5, 2024
It is possible to have both a trust and a will that affect an estate. If you are a named beneficiary in the trust, but your stepmother claims to be the sole beneficiary in the will, it is important to distinguish between what assets the trust controls and what the will governs. Trust assets... View More
Dad died. Stepmother put will thru probate . Told court judge she is ONLY heir of my dad. Then she draws up an estate settlement & distribution papers wanting us kids from previous marriage to sign giving us nothing & us signing over all separate property and two houses to her to do w as... View More
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answered on Aug 29, 2024
Not necessarily. In most cases when there is a trust, the will is a pour over will leaving everything to the trust. However, the only way to find out is to see what the will says. Once a will is being probated, they are part of the public records of the probate court in the county where probate is... View More
answered on Aug 27, 2024
An Affidavit of Heirship does not transfer title, even though title companies sometimes treat it as though it does. It is only evidence (not proof) of the statements in it if it has been of record with no one complaining for five years. The Affidavit of Heirship and a contest of its statements... View More
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answered on Sep 10, 2024
You should contact a Probate lawyer who works in Dallas County. They can draft the Application for you, as well as all the other documents you need in such a probate matter.
is still under my grandmother’s name. What happens to the home and who does it belong to?
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answered on Aug 22, 2024
Hire a TX attorney to search the title and determine heirship. Someone needs to pay taxes or it will be lost.
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answered on Sep 10, 2024
I am going to presume you want to look up a probate matter. The best way to do this is to go to the probate or county court records of the county where Decedent resided at the time of their death, and start looking in those records. Most counties in Texas have their records online, some counties do... View More
I want to minimize my tax exposure.
I can transfer the house to me, then sell or I can create an estate account and have the funds placed there and pay any taxes from there.
If I transfer the house to me and sell, I would owe the taxes the sale, yes? BUT if I sell the house, put... View More
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answered on Aug 13, 2024
When managing the sale of your parents' house during probate, it's important to consider both the tax implications and how to handle the estate efficiently. If you transfer the house to yourself and then sell it, you would typically be responsible for paying any capital gains tax on the... View More
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