process of setting up a will and living trust and then passed away (None of her Assets were put in the trust in time). My father is still with us but nothing was in his name. We are still trying to locate all the assets. My Father has an estate attorney involved and has filed for probate. But... Read more »
In Texas inherited property is always separate property. It passes to the spouse if all children of the deceased are also children of the surviving spouse. The children only have a share if there are children of the deceased who are not children of the surviving spouse.
When people try to complete these on their own, half are rejected. There are some persnicketty, non-obvious points. When people use a lawyer, 90% are accepted. A word to the wise?
The estate was probated into my minor son's name for him to obtain at the age of 18. My question is: can I withdraw the funds on the scope that I, as his BIOLOGICAL Mother (only surviving natural parent) in which he lives with and I have SOLE responsibility for, believe those funds provide the... Read more »
As a parent, you have a duty to provide food, shelter and medical care for your child. You do not have a right to use his inheritance for these. You can apply to the court to receive reimbursement or funds for things which a parent is not legally obligated to provide: summer camp, music lessons,... Read more »
I am filing to be Executor and received a huge bill from criminal attorney (hired in error by my nephew to help with probate). Most charges are after my nephew's death and no contract. Doesn't the lawyer's obligation terminate upon client's death?
In Texas.
Thank you
You are required to have an attorney to probate the will and to become the executor. Your probate attorney should be able to easily help you with this. The probate attorney will probably advise you to send the criminal attorney a "permissive creditor notice." Then, even if the criminal... Read more »
My dad passed away a couple of years ago she contacted me yesterday to sign a paper to relinquish my rights to his estate. The will has not been probated I asked to see a copy of the will and a suicide note and she has not replied what are my rights and can I represent myself put a complaint in... Read more »
Do not sign. Hire a probate lawyer who practices in the county in which your father lived and died to require production of the Will or, if there is none, file an Application for Determination of Heirship and Appointment of Independent Administrator. If the Will gives your stepmother more than... Read more »
Beneficiaries are asking for details of a bank account that was held jointly with rights of survivorship. Not with them. It passed directly upon death, as such, did not go through probate. All holdings were POD or joint w/right of survivorship. They received all of their POD monies directly from... Read more »
They can ask but there is no reason that they should expect an answer.
An account held joint with right of survivorship passes to the survivor on presentation of the death certificate. Absent a suit for elder exploitation, no one else ever had any right to the money or any right to inquire... Read more »
My FIL died made me medical power of attorney no will has three at least properties that we no of mayb more but has no will what are our next steps! Also trying to plan a burial but family won’t way in options what do I do
The Medical Power of Attorney and any Durable [Financial] Power of Attorney were effective only during her lifetime.
You and any siblings can bury her. Most (maybe all) funeral homes will require agreement before cremating. If you and your siblings cannot agree, there is going to be a... Read more »
I have a bedridden mother that I take care of her home 24/7. My older sister got my mother to sign power of attorney to her without my mother realizing what she had signed. So my mother revoke that. They were selling her property without her permission and now trying to sell her home and put her... Read more »
You should contact an attorney about filing an Application for Guardianship to ask a Court to make you the guardian of your mother.
No, not if you were "joint tenants with right of survivorship" on the account. You can ask the bank, and they should tell you. If you're not, then the account probably belongs to the Estate.
My father died without a will and was remarried. We went through mediation for settlement of assets. I need to know how or if I can get access to the home since my step mother is no longer living in the home. What are my legal right to the home since she does not live in the home.
She has abandoned her life estate. The home is now that of your father's children.
house. Dad purchased house for son & daughters, son was supposed to pay on it for 10 years then get a note to pay it off in his own name. He got sick about the time the note was due. So we know the house should default back to his dad. Question, can his dad take actions to put locks on the... Read more »
You need to see if there was a written contract. There are many other questions that need to be answered. Check with the county clerk to see if they have a copy of the will. Sometimes a copy of the will can be found in a safe deposit box at the bank. If you know of the attorney who prepared the... Read more »
A judge could decide to revoke your probation for one failed drug test, you are not entitled to a free pass. It is important that you adhere strictly to the terms of your probation, make the satisfaction of the terms of probation as your top priority.
My father passed after the money was gone. (Before 2010). It was early 1990s when the money was put in my name. One brother said he didn't receive money and wants it now. Is there a time on how long it can be contested?
The statute of limitations has long since passed.
The answer to your question depends on the content of the Power of Attorney that your father executed in favor of your aunt. If the language states that, by signing the document, he also revokes all other Powers of Attorney, then you have no authority to act under the older Power of Attorney that... Read more »
Affadavit.which all 7 kids signed sayin was ok. Her mama later sold my wife everything about 9 years ago.then also died without a will.do other kids have a chance of taking anything away from my fiance..
If things were properly sold and title transferred during life, your mother could not leave them to anyone via a Will or an heirship proceeding.
My mother is the only child and everything in the estate goes to her. There is no one left to contest the will.
The Will has no legal effect until a Court admits it to probate (proving). A lawyer is required. Please remember that without a Court proceeding, it is not known whether the Will is valid or whether there is indeed "no one left to contest it" and creditors will have difficulty... Read more »
That is a policy decision made by the Judge to whom the probation officer answers. There is no such requirement written in the law.
We live in San Angelo, Texas and his dad lived in Trenton New Jersey.He past away almost 7 years ago and he was a retired U.S. Postal worker and retired from the Air Force He called his stepmother and she said she didn’t remember any of that information because that was almost 7 years ago. He... Read more »
If the insurance company is unable to find you, eventually they will escheat your insurance proceeds to the State. Probably the State of New Jersey. Every once in a while, go online with the New Jersey Secretary unclaimed property administration here:
https://www.unclaimedproperty.nj.gov/... Read more »
I’m on Misdemaenor, family assault, deferred probation. All my fines and fees are paid off, I’ve passed every UA, community service done. My probation ends in September, that’ll be my year. I was suppose to start NIPV classes on March 24th but they were canceled due to COVID19. I just got off... Read more »
It wouldn't be the probation officer acting on their own authority, it would be something ordered by the for failing to complete the required terms. That means you could hire an attorney to argue your case but it might be less expensive to find an alternative.
For example, if the... Read more »
Dad recently passed without a will, my parents bought land in the 80s together but divorced in the 90s. My mother signed over her part of the land to my dad so he owned it soley. 5 years later they remarried, is the land considered his personal property since he came into the marriage the second... Read more »
It appears that it would be separate property in which she would have a life estate.
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