The Only way to transfer title to your grandfather's property is to probate the will. The executor, when appointed by the court, will have authority over your grandfather's property, to dispose of it according to the will. Until that happens, no one has authority to sign anything at all...Read more »
So my husband's lawyer advised the inheritance was deposited into a account set up by the lawyer but the lawyer cannot distribute or transfer to our personal account for 72 business hours. We have never dealt with something like this and I wanted to know if that sounds correct.
You sure do! First of all, you should receive an inventory of the estate's assets within 90 days from the time your father was appointed. If you didn't get that, make sure your father supplies that to you ASAP. Secondly, 15 months after the time your father officially became the...Read more »
My mother recently died. She and I were owned property together. Since we purchased the property we each got married. She was separated from her husband for the past three years but never got divorced. I have 2 brothers we are not her husband's children and 1 of my brothers is in prison in a... Read more »
None of you has authority to sell the property at present. Hire a local probate lawyer to help you file an application to administer the estate, sell the property and, after all bills are paid, distribute the net proceeds according to the Texas laws of inheritance.
The executor doesn’t want to probate the will because he wants to live in the house of his deceased stepdad. He is not paying the mortgage. All beneficiaries listed in the will want to sell the home to close out the estate. We don’t know what to do.
Any of the other beneficiaries can open a probate court and petition the court to be appointed executor. The court does not have to appoint the executor nominated in the will if that person refuses to act. If the person in possession of the will refuses to turn it over to the court, the court can...Read more »
In Texas failing a produce a Will is a crime. It you have evidence tending to prove it exists, or existed, such as signing witnesses who can testify as to what it said, please contact a local probate attorney.
Court date to validate will and personal representative is set. Person trying to become the personal representative has already transferred assets into her name that belonged to a different beneficiary, and I suspect she abused power of attorney to do so. Do I need to file anything with the court... Read more »
My dad died from cancer & was exposed to asbestos from his jobs as a welder (30 jobs or more). We have a settlement that provost and Humphrey has been handling since he died in 2001 but we've only gotten small checks, 50$, like every 7 to 8 yrs. What can we do about it?
The Emergency Medical Treatment and Active Labor Act (EMTALA) mandates that an ER and hospital treat an uninsured patient until she is stabilized (or dies), but it's an unfunded mandate and I believe patient is technically responsible for bill. This patient lost coverage when her husband, who... Read more »
My father and I had lived in this home since I was 6 years old. He got married in 2014 and he was renting to own the home. when the payments were completed they put the house in my step moms name and now my father has passed away. I called the tax office and they are not listing me or my brothers... Read more »
My father has been incredibly untrustworthy and not acted in anyone else's interest since my mom's passing in May 2020. He was in a new relationship via a dating app in less than 2 months and married in less than 9. He wants my siblings and I to sign a waiver to agree that he can do what... Read more »
Definitely would be a good idea to have one, so that you have a professional in your corner to protect your inheritance rights. It shouldn't cost much, because your lawyer would really just be a watchdog unless your father really tries to take advantage. Also, your father can't get an...Read more »
You have essentially been paying rent all of those years. Yes, chances are you are going to have to move out. You should schedule a consultation with an unlawful detainer attorney to see if there are any eviction moratoriums in place that might help you get more time.
Father died back in 2019 in july verbally naming brother as PR of estate. Wondering if him charging the estate 35 dollars an hour and saying that he has 958 hours of work on the estate is unreasonable or if the judge will see that as unreasonable. He says hes done extraordinary measures the whole... Read more »
The estate is responsible for the bills. It matters not what your father said. If he did not leave a Will which has been submitted to probate (proving that it is his Will), anyone can apply to the court to settle the estate. After the court has appointed that person administrator, he may charge...Read more »
When you say you two have a "life estate deed together" I don't know what that means. A life estate is only the right to use the house during your lifetime. Presumably one of you has a life estate and the other has...Read more »
A Texas postnuptial is probably best drafted when you reside in Texas. Because a postnuptial can recharacterize separate and community property, that you have purchased a Texas home while California residents is likely irrelevant.
My mother in law has worked for 25+ years and has raised their 4 children by herself. The father walked out and hasn't been seen since they were kids. Never paid child support. She was killed and her retirement goes to the father cause they were still legally married. She tried to divorce... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.