My lawyer is charging me for my emails to her , to the courts and to restract postings in the newspaper.
answered on Jun 1, 2023
If you have a balance or bill still due to the lawyer you still must pay the fees you incurred for their work on your behalf. That includes phone calls, emails, text messages, court hearings, conferences with other attorneys and the court and any other work performed on your behalf. READ your... Read more »
Is the heir's attorney required to file a motion in order to get the appointment of the Ad Litem, or does the judge automatically appoint one? There was no will in place.
answered on May 17, 2023
Yes, in Texas, if you die without a Will, an Attorney Ad Litem (AAL) is required to be appointed by the Judge. The AAL's job is to represent any unknown or incapacitated heirs. The AAL will research the decedent's personal and family history and speak with family and at least 2... Read more »
Is the heir's attorney required to file a motion in order to get the appointment of the Ad Litem, or does the judge automatically appoint one? There was no will in place.
answered on May 17, 2023
(continued:) The attorney must file a motion and an order to get the AAL appointed; the Court does not automatically appoint the AAL.
answered on May 16, 2023
Ask someone who was close to your grandfather before he died if he left a will and what he owned when he died. You might also ask anyone living with him if you can have access to his mail to see if he receives any bank statements or the like. You can also search for real estate in the county... Read more »
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 »
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 »
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 »
Texas law it should fall under small estate affidavit
answered on Apr 15, 2023
The check is payable to the Estate and will need to be deposited into an estate bank account in your father’s name to be distributed to the rightful heirs. If dad passed with or without a will will determine how to handle and also the amount of the check and size of the estate.
I’m the ind adm of estate. I’m disabled. She would be responsible for the principal on home & me the interest taxes and insurance and then when I die she gets home. We had to sell his other home to pay some other debts So do all the debts get paid including the IRS and mortgage before any... Read more »
answered on Apr 13, 2023
You mention quite a few things here. All debts are to be paid or settled before distributing assests to heirs. However, that does not mean paying off the house. As the administrator you really should be working with an attorney. Any attorney, not just the attorney who filed the case for you, as... 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 »
My biological mom passed last week, and that side of her family aren't giving me any info, I would like to ask where in texas could I go to see if she had a will, or anything to see if she had me in her will? Ive tried to ask them, call them but I get nothing, not even a cone say your... Read more »
answered on Mar 24, 2023
Her will, if she had one, would be filed in the probate court of the county where she was living at the time of her death.
If you are named in her will as one of her heirs, you will likely be given notice and asked to sign a form concerning the probate of her will.
If she didn’t... Read more »
I filed an Application to Appoint Dependent Administrator. The attorney said that since I was not his heir, I could not do it so we filed a nonsuit. The case was dismissed without prejudice but the case still shows as open. Can his child file an Application now that the child is an adult... Read more »
answered on Mar 21, 2023
YES, the child can definitely file an application for administration. However, now that the child is an adult, there are better options. For one, depending on what assets there are, there may not be a need for an administration. He may just need a "determination of heirship" only. If... 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 »
My own attorney was trying to force me or in her words " strongly recommended" that I sign a very one sided document with TAMU. I refused and at the hearing she let opposing counsel slander and lie to the judge with no objections. I was not included on the Zoom hearing or I would have... Read more »
answered on Mar 6, 2023
I'm sorry you're going through this. This sounds like a nightmare.
Anyway, to answer your question, the HOA fees issue should be specified in the document granting the life estate. So, the deed or trust granting the life estate should specify who is responsible for all of the... 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 »
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