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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.
Affidavit States no will, estate will not be probated, no heirs but step mom. Then will put thru probate month later.
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
answered on Aug 9, 2024
The funds on deposit in her checking account will pass either to the pay on death (POD) beneficiary if she named one or to her heirs as part of her probate estate.
Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More
answered on Jul 12, 2024
If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.
Your brother's ex cannot inherit anything from your brother's estate... View More
answered on Jun 28, 2024
Property that is jointly titled does not automatically pass to the survivor unless specifically titled as "joint with right of survivorship." Otherwise, each owner on the title owns an undivided 50% interest in the property that passes to that owner's heirs as provided by law.... View More
Problem is one of my brothers agree but my other brothers is schizophrenic and in the entire process since my my passed he's had lapses in taking his medication which makes I nearly impossible to move forward with any coarse of action . What can I do legally to make this happen. The house is... View More
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answered on Jun 24, 2024
You may need to file an action for a Sale For Partition. Disabled Brother will be a hinderance.
if so could i get the will removed from the record? having a two year long battle in court one would think this information would put the cat in the bag. Nothing was ever mentioned of it.....She also wrote the will this notary and she told me that will is not the one she wrote for my grandparents.
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answered on Jun 24, 2024
If you think you are an heir, then hire a TX attorney to contest the Will being Probated. If no Probate, then "Will" means nothing.
The court didnt pay him nor did they have anything about a fee and i didnt pay him so who wrote the check
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