At the time of his death, he had actually not been living at home, he had a small apartment. She stayed in his house. Nobody was ever told anything about him transferring the house and land to her but apparently he did using a Quit Claim Deed. He died in October but the deed was filed the following... Read more »
answered on May 8, 2023
It depends on facts not within your question.
If your father executed the deed and delivered it to his girlfriend with the intent to convey ownership to her prior to his death, but it simply wasn’t recorded until after his death, then it is most likely the girlfriend owns the property.... Read more »
My father has late-stage Alzheimer's. He remarried before the disease to my stepmother. Since he has been in a memory care home she has purchased a different home than the one they lived in together. At first, the new home was in her name only. However, recently she changed the names on deed... Read more »
answered on May 3, 2023
Without knowing the specific details of your father's and stepmother's situation and intentions, it's difficult to provide a definitive answer.
There could be several reasons for changing the names on the deed, some of which include:
Estate planning purposes: Your... Read more »
answered on May 3, 2023
enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... Read more »
I’m in the middle of buying a house. The seller was told she had to turn in an Affidavit of Heirship it has already been sent out to sign and to appoint someone as the trustee. I’m trying to see is this something that takes month, couple weeks, or something that can be done in a few days?
answered on May 3, 2023
The time it takes to form a new trust and appoint a trustee can vary depending on the specific circumstances and complexity of the trust. The process could take anywhere from a few days to several weeks, depending on the complexity of the trust and the availability of the parties involved.... Read more »
I’m an investor and every seller has to do an Affidavit of Heirship. I’m wanting to know do lawyers sell AOH and Deed templates? If you are one can you tell me the price estimate it will be?
answered on May 3, 2023
The Affidavit of Heirship form is promulgated by the Texas legislature, and it is important to use the correct form for your jurisdiction. Providing legal advice or helping someone complete an Affidavit of Heirship without a license to practice law in the relevant jurisdiction would be considered... Read more »
I’m wanting to know is a trustee appointed by a judge or does the members just appoint the trustee by typing up a document saying they pick this person as trustee?
answered on May 3, 2023
Generally speaking, there are a few common ways a trustee can be appointed:
Creation of a trust: When a trust is created, the person establishing the trust (the "settlor" or "grantor") will appoint a trustee by naming them in the trust document. This is the most common... Read more »
hello i need to know what my next move needs to be my mother passed 4 years ago and the property is in the estate of kathy but in c/o michael denson (myself) and my wife that i have been seperated with for 10 years is thretning to take my property my mother left a written will that is no where to... Read more »
answered on Apr 30, 2023
It sounds like the Central Appraisal District ("CAD") lists the Estate as the owner. If your mother's will wasn't probated, schedule a meeting with a probate attorney. Even if you can't find the original of your mom's will, you still need to meet with a probate... Read more »
answered on May 3, 2023
In Texas, when a spouse dies and leaves their property to the surviving spouse in their will, it may still be necessary to go through the probate process.
Probate may be required for various reasons, such as transferring title to real property, dealing with bank accounts, or addressing... Read more »
The home was community property with her late husband, but it was also community property with his first, late wife. He was the first wife’s executor and trustee. Title company says we have to find first wife’s heirs but she died 20 years ago and her family is unknown to us. Where do we start?... Read more »
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answered on Apr 20, 2023
I don't think any move you can make regarding your Title issue can be resolved fast. Unless you quickly find all the heirs from the 1st wife, so they can sign-off, sell, or waive their possible rights to the property.
There is a solution, but it would require litigation ( a lawsuit ),... Read more »
The home was community property with her late husband, but it was also community property with his first, late wife. He was the first wife’s executor and trustee. Title company says we have to find first wife’s heirs but she died 20 years ago and her family is unknown to us. Where do we start?... Read more »
answered on Apr 21, 2023
If the late husband was in fact the executor of his late wife’s estate, you ought to be able to look in the probate court records where his late wife’s estate was probated to get a copy of her will and determine who is named as an heir to the home. If the home was their community property,... Read more »
He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.
answered on Apr 18, 2023
You have two issues.
First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.
You can have your brother removed as... Read more »
My bf died in October. He didn’t have a will. It was assumed his kids from previous marriage would take over his estate. In January (I still live in his house) I found a signed and notarized paper called a Quit Claim Deed. It was never filed. I looked it up and saw that it had to be filed at... Read more »
answered on Apr 16, 2023
If you recorded the deed after your boyfriend died, you should be concerned about being prosecuted for a crime. This is especially true since he never gave you the deed; you just happened to find it after he was dead.
I would hire a criminal defense attorney to see what you can do to claim... Read more »
Halen is the wills name my grandmother left me this. In the will that was probated in 72 it says my estate will be left to (myname) as i was the only child when she died. in the estate it includes around 45k acres of land 5-15 million dollars and in 89 my father was my estate guardian and got... Read more »
answered on Apr 8, 2023
The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother.... Read more »
I am in the San Antonio area and the estimated time for the house to close is May 2023. Is this something you can assist with? If so, what is the estimated cost?
answered on May 3, 2023
You need to consult a licensed estate planning attorney to help you with this process. To put a house into a trust, you'll need to follow these general steps:
Fund the trust: To transfer the house into the trust, you'll need to change the title of the property from your name to... Read more »
I am 36(f) with two children under the age of 18. My assets are worth about 700k. My kids father and I do not have any sort of relationship. If something happens to me before my kids turn 18 my ex there father will have access to everything. My question is this: to avoid my ex getting his hands on... Read more »
answered on Mar 26, 2023
Yes, you should definitely get a will and NO you should definitely not get married for the reasons you mention. You should get an attorney prepared by an experienced estate planning attorney. Yes, it will cost a bit of money. However, those it would be SO worth it to have a Will done by a really... Read more »
Scenario: The property was co-owned in a three-way split, a married couple and a single woman. One of the partners in the couple passed but left a will.
Questions:
1) Will the deceased's share go to the surviving-spouse, superseding the will and causing the property to... Read more »
answered on Mar 17, 2023
1) Unless is will is successfully challenged, the decedent's 1/3 interest will pass to the heirs named in the will, subject to the surviving spouse's "widow's rights" which give her or him a life estate in the decedent's interest if the property was the couple's... Read more »
I am trying to avoid probate since my mother's assets total $3000. After three phone calls to Wells Fargo estate department, they say that I need either a Order/Judgment of Heirship, or an Order Admitting the will to Muniment. The probate clerk in Texas said that if I file the Affidavit of... Read more »
answered on Mar 15, 2023
Within the last year, we probated an estate for exactly that reason: Wells Fargo will not release funds on deposit in their bank without an order from the probate court.
You should contact a probate lawyer in or near the county where your mother lived at the time of her death. Depending... Read more »
answered on Mar 6, 2023
If you don't know the law firm that prepared your father's will, there are several steps you can take to try to locate a copy of the will:
If your father kept important documents at home, such as a safe or filing cabinet, check these areas for a copy of his will.
If your... Read more »
My mother had no estate or no named executor. The check was made out to my mother's estate in the care of myself. Would it have to go through probate or an estate needs to be established?
answered on Mar 2, 2023
If the check is made out to your mother's estate in your care, you will likely need to go through the probate process or establish an estate to cash the check. This is because the check is considered an asset of the estate, and someone must be legally authorized to act on behalf of the estate... Read more »
She's telling me any questions I ask is going to raise what they are billing, and she's not communicating with me like she should so I'm getting worried. But I've asked her for attorney info numerous times and she's only given me excuses.
Is it true that her... Read more »
answered on Mar 2, 2023
It's generally true that an attorney will only communicate with their own client or someone who has been authorized to act on behalf of the client, such as a person with a power of attorney. However, in certain circumstances, an attorney may be willing to speak with a non-client about a case,... Read more »
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