the ex wife passed he had a notarized will leaving everything to me would his kids be abled to be entitled because her name is on the deed
A certified copy of his divorce decree must be filed in the county deed records and his will needs to go through probate.
In 2017 both of my parents passed away, my mother owned a portion of the 2 acres located in Texas where she lived until her death, while my uncle in California owned the rest. After the passing of my mother, the entirety of the estate went to my uncle, (Still under his name) couple of months later... Read more »
If all heirs agree then there is a way to do it without it going to probate; however, it requires a great deal of detail and I suggest hiring a lawyer to help you.
Whether or not anything was probated in CA will also be important. Again, it's best to consult directly with a lawyer.
They died intestste11 months apart in Puerto Rico. They had assets un Texas. Money in bank accounts, CD's, my mother's spousal IRA that matured the year she died, stocks with the same company as the IRA, and oil/gas rights.
Short answer is yes it can be done; however, it has to meet certain criteria and there must be certain steps taken to actually authenticate everything for Texas. I suggest you speak with a probate attorney in Texas.
Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children, we have witnesses. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want... Read more »
Contact a probate lawyer for further guidance and do not wait too long to do so.
Are his children responsible for paying the light, water, and gas bill? We plan to sell the home once cleaned, but no one is living in the home since his passing.
After the Court appoints an administrator, giving that person authority over your father's property, that person is responsible for maintaining the estate.
Meanwhile, you and your siblings may want to keep the utilities on in order to maintain the property in good shape. That should bring... Read more »
Am I required to disclose the amount to anyone? Do I have to split it with anyone? Am I supposed to use it to pay his bills? He did have life insurance with another relative listed as the beneficiary. He also owned his home and his vehicles. I want to make sure I'm doing the right thing.
If the account was pay on death to you or joint with right of survivorship in you, the money is yours on presentation of a death certificate and identification.
An estate planning attorney can help you accomplish that.
Do we children from him have any rights as heirs to home at all?
If the home was purchased by wife before they got married you have no rights to the real property.
Parent died and spouse still living but the house deed was never put in his name.
Yes. The deed is not just some piece of paper but the official record of who owns the property.
Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want to show us the... Read more »
Everything she owned is part of her estate. Personal property which she bought before the marriage is her separate property, a share of which passes to her children from a previous marriage.
Any heir can probate the estate. Hire a local probate lawyer.
I'm the only beneficiary for mom.when she died we didnt k ow she had a will so my stepdad became the beneficiary. He gave me a choice to sell or move into my home now which belonged to mom. Theres a note in his name and I'm supposed to be paying this but due to financial strain he has been and is... Read more »
A will does not become stale or invalid with the passage of time. Find yourself a local probate attorney right away. If no probate was ever begun in the past, it might not be too late to right these wrongs. Probate fees are usually paid out of the probate estate.
His medical power of attorney. Is it too late to get him to sign a will in hospice? I just want to use his money to pay for his cremation if he even has enough.
Legal capacity to sign a Will is not determined by whether or not one is in hospice. You might want to contact a local elder lawyer: we make house calls. If so, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (eee.naela.org)
If so is this common? When I say debt its credit card debt and overdraft in 2 bank accounts. Yes it was issued about 2 years ago. Her grandfather had it paid when he passed away.
Yes, if the creditor reduces the debt to a judgement and then arranges for the local sheriff to levy on the vehicle to pay the judgement.
Sulphur. OKLAHOMA
Your facts are not clear but it sounds like there is already a judgement against you and you think it was based on false information. However, if it has already gone to judgment then your opportunity to defend against the false claim has already passed. You should have presented your side of the... Read more »
A criminal title company and mortgage lender allowed an unfaithful agent to have pages changed in the SDPOA *after* it was signed by the principal, turning a permission for limited and time constrained refinance into an open ended home equity loan permission (which is also in violation with federal... Read more »
Like many elder and estate planning lawyers, I not only customize the document and paginate in as page x of y but require initials, birthdate and date signed on every page. We cannot protect people who simply download and sign the statutory form. Consult an elder lawyer about a suit for fraud and... Read more »
My mother, who lives in Texas was diagnosed with a terminal illness. She has but a few weeks to live. I have durable POA over her financial affairs. She owns no real property and has personal property of no value. Her only assets are in a POD bank account and a TOD brokerage account. The... Read more »
A Durable Power of Attorney grants you access to your mother's accounts to pay her bills, to the extent there is money in the accounts. It does not give your mother's creditors access to your accounts -- unless you avoid paying outstanding bills in hope that everything will pass POD/TOD, thus... Read more »
I live with my mother in her home in Texas. She has dementia and its getting to the point I can't care for her. She has not appointed anyone power of attorney. I was wondering what would happen to her home if state rules she needs to be placed in nursing home if they become her guardian. Her home... Read more »
You should consult with an Elder Law/Estate Planning attorney. This is for Family Law questions.
It sounds like this is property inherited by john smith. Inherited property is separate property, not community property.
A person can only transfer what they have. If someone had a 50% community property interest in real property, that is all the testamentary trust has. The surviving spouse retains the other 50%.
So her new husband could adopt them. Do the children have a right to his property and get to decide how and where he will be buried? Also our mother and father are deceased. As the oldest sibling do I have the right to make these decisions. My brother had no will.
Thank you!
It depends. If his rights were formally terminated by a Texas court order, that order would have normally had a paragraph stating whether the rights to inherit were terminated as well. Get a copy of that order and call me or consult an attorney.
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