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answered on Dec 19, 2024
When the Estate is ordered closed.
step mother co executor. His father passed before my husband. The step mother said she did not want anything to do with anything. The will said he was not married at the time but had a son. My husband did not know he had a son until the boy was 14years old and my husband had cone into an... View More 
answered on Dec 18, 2024
It sounds like the "son" was born prior to the making of the will. In that case, the beneficiaries actually named in the will should inherit. You should definitely seek a probate attorney's help, ASAP. There are lots of issues here. If you're listed as the beneficiary in the... View More
My adopted father passed and supposedly he didn't leave any of his estate to his kids. I question the legitimately of there claim. I'm not sure what to do.
answered on Dec 16, 2024
You should check the court file for the probate of your father's estate and get a copy of his Will. The only way to not leave any of his estate to his children would be if he had a Will that didn't leave anything to his children. Usually, when a testator makes such a decision, the Will... View More
My dad's will left his possession's to 3 of us. My sister past away 10 years prior to my Dad. My brother recently past . My dad's probate was never completed.
answered on Dec 7, 2024
If your sister passed away before your dad, then her share would go either go to her children or to the other named beneficiaries (depending on what the will states). If your brother died after your dad, then your brother's share would go to your brother's estate (in other words, be... View More
answered on Dec 4, 2024
Sometimes a judge will "bench file" a motion by noting the date and signing it. All that means is that the motion has been filed with the court--not that the judge is granting or denying the motion.
I can go into foreclosure any day and I told the mortgage company I was filing for probate. I cant afford an attorney and need to prove I am following through. Is there anything I can file on my own to start probate and if so what are the names of the documents?
answered on Dec 4, 2024
There is not enough information to formulate an answer.
Probate is the legal process for transferring assets from a deceased person to that person's heirs. If the deceased person died with a valid Will naming a qualified living independent executor, the process is relatively simple... View More
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answered on Dec 3, 2024
File a petition to have her removed as executor on account of malfeasance.
Yes and if the other parent passed also but there is money involved and a child has been taken care of the parent and has leagal papers but everything is frozen what do I need to do
answered on Nov 29, 2024
If you are a child or heir of the parent that most recently died you would need to hire an attorney to file application to determine heirs ( if died without a will) Most Texas courts take the approach that you must use an attorney. Since you mentioned accounts frozen the order issued at this... View More
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
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?
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
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