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Texas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: Can a company just completely keep every thing about late husband's Estate from from his Widow.

My late husbandit was killed suddenly in a horrible accident. My husbands sudden death the way he died devastated me for years. I feel as though everything have been hidden from me. I got no response from my letters or phone calls about my late husband's estate. realize it had been awhile... View More

James L. Arrasmith
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answered on Apr 5, 2024

I'm so sorry to hear about the loss of your husband and the difficulties you've faced in dealing with his estate. It sounds like an incredibly challenging and painful situation.

To answer your question directly - no, a company cannot legally withhold all information about a...
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1 Answer | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 2, 2024

In Texas, all property or income earned during the marriage is deemed community property, excluding gifts and inheritances. Even separate inherited property can be a challenge if marital income is used to pay taxes, remodel, etc. If an inheritance is in cash and that cash comes to be added to the... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Apr 2, 2024

During a Divorce spatting spouse divide marital during divorce proceedings. state law directly the division of the proports during divorce proceedings. A primary consideration in property division is the classification of assets as marital or separate generally is marital property regardless of... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Apr 2, 2024

if you answer was same rule every inherence property During a Divorce spatting spouse divide marital during divorce proceedings. state law directly the division of the proports during divorce proceedings. A primary consideration in property division is the classification of assets as marital or... View More

1 Answer | Asked in Estate Planning, Divorce and Family Law for Texas on
Q: I just found out my spouse has been sued and already received a default judgement. They seized monies out of his accoun

We live in Texas. Can they try and take our house because it is is both of our names? We have been separated for over a year and plan on divorcing later this year when my daughter turns 18. Don't know what to do about my house to make sure it is secure.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 1, 2024

No Texas Constitution protects your homestead from most creditors except property tax liens and HOA liens, and I believe a child support lien attaches and does not need to be renewed every 10 years. Any normal creditor can not seize your homestead for nonpayment. They can execute against bank... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Libel & Slander and Probate for Texas on
Q: Our parents died 37 hours apart in 2018. Their will was basic and simple just naming the other as beneficiary.

My then new born brother was named the executor. 67 years later both parents passed within 37 hours. Our mother was mentally incapacitated. My brother began his role as executor even though he had a long history of drug abuse, had been batteling cancer for 7 years in poor health. The farm was... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 1, 2024

I'm sorry for your loss, In Texas a Will must be submitted for probate within 4 years unless the applicant can show a valid reason as to why it was delayed. Here there was no probate. I would be interested in how the brother divided anything if it involved real property. Though he could write... View More

1 Answer | Asked in Estate Planning for Texas on
Q: Can we un-staple "Durable Power of Attorney" "Directive to Physician", "Medical Power of Attorney" for photo copying?

I got the "Statutory Durable Power of Attorney" "Directive to Physician", and "Medical Power of Attorney" documents done today. When I asked for additional copies, the secretary unstapled the documents and made copies. Is this acceptable? I was told it is fine for... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Mar 28, 2024

Yes everything but the Will. In Texas the Probate Court clerk is supposed to review the Will and make notes when filed if staples appear to have been replaced, etc. As for the Durable Power of Attorney, Medical Power of Attorney and Healthcare Directive these documents are commonly unstapled and... View More

Q: What type of attorney do I need to file law suits on those who illegally and knowingly let another assume my nok rights

I want to make the parties involved accountable for the pain and suffering im living day to day after my sons death. I spoke to all parties..i signed release of body for cremation yet they let another person step in and

assume my role. They then told all parties not to speak to me or... View More

James L. Arrasmith
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answered on Mar 24, 2024

In a situation like yours, where you're dealing with issues around next of kin rights and the legal aftermath of a loved one's death, you would benefit from consulting with an attorney who has experience in family law and estate matters. This type of lawyer can help you navigate the... View More

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Isaac Shutt
Isaac Shutt
answered on Mar 23, 2024

Here's what we typically do:

Step 1) Search the court records for the county in which the deceased resided at the time of death.

Step 2) Then, we send a letter from our law office to any of the people who might have had possession of a will.

Step 3) Then, if we still...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Gratia "Grace" P. Schoemakers
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answered on Mar 25, 2024

To determine if a decedent has a will, there are several steps you can take. These steps combine legal procedures with practical measures to ensure a thorough search.

Check Personal Papers: Often, individuals keep important documents, including their will, in a safe place at home. This...
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2 Answers | Asked in Criminal Law, Estate Planning and Probate for Texas on
Q: Single mom died , dad lied on death cert saying they were married . He stole all that was left t me by doing that.

There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

You would need to report him to law enforcement. It would be helpful to them if you provide the divorce decree and affidavits from several close friends and relatives of your deceased mom stating that she never remarried or lived with dad after their divorce in 1994, and certainly never held... View More

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2 Answers | Asked in Criminal Law, Estate Planning and Probate for Texas on
Q: Single mom died , dad lied on death cert saying they were married . He stole all that was left t me by doing that.

There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More

James L. Arrasmith
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answered on Mar 21, 2024

It's crucial to gather all the evidence you have, such as documents proving your mother's divorce and any information regarding the will you mentioned. Collect witness statements or any proof of the fraudulent actions taken by your father. Documentation and concrete evidence are key in... View More

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1 Answer | Asked in Estate Planning for Texas on
Q: Tx can I be executor of an estate & beneficiary? Can I purchase the home if it still has a mortgage as exec of the estat

My parent passed recently and I am the only child (no step or half siblings) & per the Will I am to inherit the house (which still holds a mortgage in parent name alone) & the parent was not married. Can I be executor of the Will & beneficiary? Can I purchase the home from myself? How... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

Yes, you can be both the beneficiary and executor under a Will.

There is no reason for you to purchase the home from yourself. Probating the Will vests title in you as the sole beneficiary of your parent's Will. Of course, if you don't pay the mortgage, the lender has a deed of...
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1 Answer | Asked in Tax Law and Estate Planning for Texas on
Q: Can an heir who inherits everything share inheritance with siblings without having full tax liability?

Can child who inherits all be named Trustor of a Trust (with their sibling(s) as Trustees), with ability to decide amounts to share with sibling(s) whereby each has tax responsibility for amount received?

For instance, if proceeds from sale of inherited property are put in Trust and... View More

James L. Arrasmith
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answered on Mar 16, 2024

Yes, an heir who inherits everything can indeed share the inheritance with siblings while managing tax liabilities effectively. When the sole inheritor is named as the Trustor of a Trust, with siblings acting as Trustees or beneficiaries, this setup allows for a structured distribution of assets or... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can I gain entrance to a deceased family members home to search for their will?

The only person with keys to the house is a non family member who was taking care of my uncle when he was sick, and he won’t hand the keys over.

James L. Arrasmith
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answered on Mar 14, 2024

Gaining access to a deceased family member's home to search for their will can be complex, especially when the keys are held by someone who is not part of the family. It is essential to understand that the process and legality can vary depending on your location. Typically, if you are the... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: 1. How do I get visitation rights to see my 89 year old mother? One brother is preventing other family from seeing her.

My mother is 89 years old and has documented dementia since 2014. My father cared for her until his passing in Feb. 2023. One brother took approximately $300 - $400K out of bank accounts and opened a new bank account that has him and my mother both as signers. There is no way my mother would have... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

A person cannot simply declare themselves another person's legal guardian. It requires a determination of incompetency and court order.

A person cannot legally change a power of attorney signed by another person. The person making the power of attorney can do that by revoking a prior...
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1 Answer | Asked in Estate Planning, Libel & Slander and Probate for Texas on
Q: Is this considered fraud if my gradfathers wife/ common law wife signs a warranty deed t her daughter w/o his signature?

I know they went to the court house and filed for a marriage license but I haven't found one yet se never claimed his last name but he is listed on the deed of trust his name first & hers following and now I found out she signed a warranty deed over to her daughter without my grandfather... View More

Anthony M. Avery
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answered on Mar 4, 2024

If Grandfather's wife owned an interest in property, she can convey it. Hire a TX attorney to search the title and determine present ownership. No fraud by your stated facts. Deed may have been a nullity with not interest conveyed. Grandfather would then have standing to file suit to... View More

2 Answers | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.

Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in...
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2 Answers | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

James L. Arrasmith
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answered on Feb 25, 2024

To address the concerning events you've described, finding a lawyer experienced in estate law and possibly medical malpractice or elder law (depending on your situation) in Florida is crucial. This lawyer can help review the circumstances under which you signed the documents and assess whether... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

Anthony M. Avery
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answered on Feb 19, 2024

The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More

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