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Texas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Texas on
Q: 3 siblings fixing estate for sale, one worked most wanting pay per hour after-the-fact, retroactive. Is this legal?

My husband and 2 siblings are equal-share inheritors of mother's estate per will. The estate is in Houston TX. We are updating the house for sale. One sibling lives in Houston and the other 40 miles away. We live 234 miles away. I had shoulder surgery which has prevented us from being able to go... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 2, 2020

The sibling that did the work essentially volunteered his labor. Neither your husband nor the estate is obligated to pay him for it after the fact. It might have been different had he asked in advance to be paid for labor that he planned to perform, but that was not the case. Had he asked in... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: my sister passed on Friday March 27, 2020. She was living a home that her husband left her in a trust?

How do I get her thing out if her caretake is still in her home?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 2, 2020

Once the court has appointed you administrator or executor of her estate, you will have authority to take possession of all her property and evict the care giver. If you have evidence that the caregiver is filching property, you might want to file a Motion for a Temporary Restraining Order.... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: my brother died with one living child under the age of 18, and my adult nephew sold his truck

there was no will and his cars were at my adult nephews house and he has since sold the truck

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 30, 2020

Clearly he had no legal authority to do so. Please contact a local probate lawyer to determine what can be done.

1 Answer | Asked in Estate Planning for Texas on
Q: My grandmother passed away without a will. Can court order my mom share the money with my brother?( grandmother wanted)

I handled all of my grandmother’s finances and my mother is a drug addict. So all the money she gets is going to go to drugs. How can I stop this from happening?

Nina Whitehurst
Nina Whitehurst answered on Mar 13, 2020

Talk to an attorney in your area who handles guardianships. A guardianship over your mother is about the only way you can get the money out of her hands and into the hands of someone that the court trusts.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: If a temporary guardian settled and collected monies outside of court. Does that money go to the new guardian?

After I became a guardian. I found out the temporary guardian settled outside of court with the boarding home that was neglecting my father. I was never inform and this info was hidden from me. I found all this out on my own. My father is now deceased. Shouldn't that money have gone to the new... Read more »

Isaac Shutt
Isaac Shutt answered on Mar 13, 2020

You should definitely have a probate/guardianship lawyer file on your behalf. The temporary guardian should have turned the money over and should have accounted for how every dime was used.

1 Answer | Asked in Estate Planning and Family Law for Texas on
Q: Can marriages couples can protect there pension In case of a future divorce in texas?
Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 22, 2020

During the marriage a spouse can write to the plan administrator waiving his or her right to inherit 401k or similar benefits. Be sure to send the letter CM RRR and keep a copy.

If a company pension is involved, not a 401k, check with the pension plan administrator.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My father had two siblings, my uncle and Aunt and they all inherited land and houses from my grandparents. Recently my

My father had two siblings, my uncle and Aunt and they all inherited land and houses from my grandparents. Recently my aunt and uncle sold the land and houses. Was any of that supposed to go to my dad or were we supposed as his children entitled to disbursement .

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 21, 2020

If the land and houses they sold included your father's inheritance, ordinarily his share should have gone to him and, if he died, to his beneficiaries under a Will or, if he had no Will, to his heirs at law. The answer could be different based on the language in your grandfather's Will.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Who get's the house?

So my cousin just passed and her house was put in hers, her sons and my moms name. Her son has warrants and will most likely be in prison for a few years. So I'm wondering if my mom get's the house if he is locked up? Does she pay him his part even though he is locked up?

Update:

We... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 17, 2020

The fact that one of the people on the deed is locked up will not prevent him from owning that share. Your mother could purchase his share from him, yes. She should have a real estate attorney help her with this.

There is also the question of what happened to the decedent's interest. If...
Read more »

2 Answers | Asked in Estate Planning for Texas on
Q: Can one stipulate that property children inherit later be divided amongst their living siblings upon their death?

What if I were to want to leave property to my children equally, but when they also pass away, have them leave what was inherited from me to their living siblings first and not their spouses, children, etc. Is that an option?

Nina Whitehurst
Nina Whitehurst answered on Feb 15, 2020

Yes that is possible. An estate planning attorney can help you accomplish your goals.

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1 Answer | Asked in Estate Planning for Texas on
Q: My father died withoit a will in Louisiana in 06 my mother did a succession there are three living children one decease

Who left on gradchild, the property is under $100,000 Can I do a small affidavit succession

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 4, 2020

If your mother has already filed a succession, aren't you too late?

1 Answer | Asked in Estate Planning for Texas on
Q: Is my father's estate responsible for his wife's credit card debt if he was not on the card
Ross F. Tew
Ross F. Tew answered on Jan 23, 2020

In my experience the answer is yes. Debt incurred during the marriage is community debt. I have had creditors agree in writing that they discharge any claim against the estate and will only seek payment from the surviving spouse. You should definitely be working with an attorney if you are... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Can I find any information on whether my father left a will in Texas?

My father lived and died in Waco Texas. He died on September 9, 2019.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 20, 2020

While some people deposit their will with the local probate court, most do not. Most people die without a will. If you have thoroughly searched your father's home an if he did not have a safety deposit box in which he might have put it, chances are good that he had no will.

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3 Answers | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: What can be done when the state seeks guardianship of my dad?

Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical and... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 19, 2020

You can hire an Approved Guardianship Attorney and apply to become his guardian yourself. Usually no guardian is needed if there is a valid Medical Power of Attorney and a valid Durable Power of Attorney. But from your description, someone may need to take away the keys, regularly check on your... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: My mother was left a condo in her deceased husband's will 4 years ago. She has not changed the name from him to her.

I want to buy the condo and was not sure if she can when it's still in his name. She is owner financing it for me and I got a contract drawn up but want to be sure it would be legal for her to be named as the seller or does the name of the owner be changed to her before executing the contact

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 15, 2020

If the Will was admitted to probate as a Muniment of Title, the Order admitting it should be filed in the deed records. If not, a Distribution Deed from the estate to the beneficiary should be recorded. Without one or the other of these, your mother has no legal authority to sell the property to... Read more »

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1 Answer | Asked in Probate and Estate Planning for Texas on
Q: My brother took my mom had her sign a will he drew up she was unable to sign I have proof of this

She was hallucinating she & HER son had no relationship my kids &I lived with her until they grew up now she had left almost everything to my kids & me my brother was very jealous of the fact my momma allowed us to live at her house she did everything for my children she did nothing at all for his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2020

That is very sad situation. There were legal remedies but it might possibly be too late for you to pursue them. Take all of your facts and documentation to a will contest attorney in your area to see if there is anything left that you can do. Do not delay any longer as time is of the essence.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: What type of lawyer do I need if the executor of my mother's estate is not cooperating with me and we are being sued?

Mother was in a nursing home on Medicaid and was supposed to have her estate released to D.A.D.S upon her death. It has been 3 1/2 years and they never took properties to my knowledge. My sister is the executor and does not want to let me know what is going on. We are now being sued by the... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 13, 2020

15 months after an executor is appointed any beneficiary can request an accounting. It is due within 60 days. 24 months after an executor is appointed a beneficiary who has not received a distribution can petition the court to remove the executor (assuming there is something to distribute).... Read more »

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1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: I live in my grandparents house can my mom kick me out.

The house was left to my aunt, never probated the will. Can my mom kick me out

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 8, 2020

The will needs to be probated otherwise it's not valid. Until then the house passes according to Texas laws of intestate.

1 Answer | Asked in Estate Planning for Texas on
Q: What does the Texas Statutes Estates Code stipulate for a person dying intestate with only two half sisters still alive?

There are no living parents, children, spouse, nor maternal or paternal grandparents. The two half sisters have been involved in the decedent's life with great relationships most of his life.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 3, 2020

Half sisters inherit, regardless of their social relationship with the decedent.

3 Answers | Asked in Estate Planning and Probate for Texas on
Q: My father just passed away in June and I need help getting his affairs in order and taken care of and I have no idea

Disabled veteran, no will, 1 sibling I can't find

Nina Whitehurst
Nina Whitehurst answered on Dec 12, 2019

Click "Find a Lawyer" above and contact a probate attorney in your area.

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2 Answers | Asked in Estate Planning for Texas on
Q: Can you inflate the value of an estate

Do you have to have a basis for valuation?

Executrix is the daughter of the decedent, however they have been estranged for years. She is claiming an 800,000.00 estate. How can she claim a number out of thin air? The real story is her husband attorney changed the Will to the benefit of... Read more »

Ross F. Tew
Ross F. Tew answered on Dec 5, 2019

It isn't illegal to be wrong about the value of assets. Amended inventories and accountings are filed when necessary. Beneficiaries can file complaints with the court and object to valuations recited in an inventory or accounting. I need more context to understand why or how the personal... Read more »

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