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Texas Probate Questions & Answers

1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on

Q: Texas laws: Can A Guardian of an elderly mother, who is incapacitated, withdraw funds from her mother's living trust?

Mother & father are settlors, primary beneficiaries, & co-trustees. Mother has been incapacitated. Father has been grossly negligent in his fiduciary duties as co-trustee. He has withdrawn/spent large amounts from the trust for his own benefit & didn't use any of the withdrawals for mother. Father... Read more »

Terry Lynn Garrett answered on Aug 22, 2019

The rights of an incapacitated co-trustee of a revocable living trust depend on what the trust document says. Most revocable living trust documents state that the co-trustee, in this case the husband, shall make all decisions in that event. Similarly, most revocable living trust documents state... Read more »

1 Answer | Asked in Probate for Texas on

Q: I am the only beneficiary on the will. Do I have rights to enter the house If the will has not been filed yet?

I lived in the house for 4 years. I left for a week because I found him on the floor and it was hard being there. I just came home and all the locks have been changed by his son. Do I have the right to enter the house?

Tammy Lyn Wincott answered on Aug 19, 2019

I'm sorry for your loss. The will needs to be probated to show who has control and rights to the property. Contact a probate to start the process.

1 Answer | Asked in Probate and Estate Planning for Texas on

Q: My sister and the will.

The will simply states we have equal shares, 50/50. What do I need to do about my sister not allowing me to see financial records and I've requested that from her four times what is it that I need to file with the court?

Tammy Lyn Wincott answered on Aug 16, 2019

Talk to your probate lawyer.

1 Answer | Asked in Estate Planning and Probate for Texas on

Q: Question about mom passing in 03/19 and my stepdad still living and in their house. What are my mom's children's rights

I live in TEXAS. My stepdad has postponed us collecting my mom's belongings inside from 6-8 months after her death and decided to stay in the home. It raised my suspicions since my mom had undiagnosed Dementia before death. Do I have a right to ask for the will from him?? I know I was the... Read more »

Tammy Lyn Wincott answered on Aug 16, 2019

Ask for the will in order for it to be probated. Your mom may have named him as beneficiary on the account that held her inheritance funds and that can pass to him without the will. If you have a copy of the will you can begin the probate process with that and get an order for him to appear and... Read more »

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on

Q: Can my sister make me move out

Im co executrix with my sister of mom's will. I moved into mom's house after she passed a year ago. The Will has been through probate. Can my sister make me move

Tammy Lyn Wincott answered on Aug 16, 2019

It depends on who the beneficiary of the house is. If it is both of you then you'll probably have to fight it out in court.

2 Answers | Asked in Estate Planning and Probate for Texas on

Q: Do I need a lawyer to have a Trustee removed from a trust and where would I get the paper work to file this petition?

My mother left a revocable trust and my brother was left to take care of this when she passed, well before she passed my brother and my mom got in a tiff and he said he washed his hand's of this and thru the book at the second in line for taking care of business. well nothing was done in writing... Read more »

Nina Whitehurst answered on Aug 16, 2019

If your brother will no sign a written resignation then you will need to go to court to get him removed. This is not a do it yourself project.

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1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on

Q: Im co executrix/sister of mom's will. I moved into the house after Mom died. Can my sister now make me move

My sister is the other co executrix with me. She agreed I move in mom's house after she died. Now she wants me to move out. Can she make me do so

Tammy Lyn Wincott answered on Aug 15, 2019

If you are a beneficiary, then you can live there; however, until the will is actually admitted to probate in Court it is not valid and no one may act as executrix.

2 Answers | Asked in Estate Planning, Tax Law and Probate for Texas on

Q: I discovered after mom's death that she hadn't filed my taxes in 22yrs and I haven't filed 2018. What am I obliged to do

I'm 63 + living on a small pension, disability and retirement savings. I've always sent my mom(CPA) all my tax stuff. During this time the IRS has only contacted me 2x re fraudulent returns + gave me a pin#. She must've felt I'd owe $0. Can I file the last 6yrs taxes only(incl 2018)? My 2018... Read more »

Tammy Lyn Wincott answered on Aug 12, 2019

You need to contact a CPA as soon as possible and discuss this with them. The forum is for general answers and your situation requires a private consultation with an expert.

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3 Answers | Asked in Probate for Texas on

Q: Can an executor sell a property w/o consent of all beneficiaries listed as "tenants in common"

4 tenants in common listed; one of those is the executor; Executor is given full power to sell, manage and dispose of any and all of the estate in the probated will. Two of the beneficiaries have signed and notarized a purchase agreement for the property. The other two beneficiaries are not... Read more »

Isaac Shutt answered on Aug 12, 2019

Your suspicion is in fact correct; the purchase agreement needs all of the property owners to sign. Without that, the contract is only binding on the 2 people who did sign. So, if the 2 non-signing people decline to approve the sale, that could put the 2 signing people in breach of contract.

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2 Answers | Asked in Probate for Texas on

Q: Is it possible for an executor to release funds to an heir prior to obtaining a judges signature on the estate inventor?

Mr. Troy Michael Moore answered on Aug 12, 2019

Yes most likely. A lit of Wills provide for that power.

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3 Answers | Asked in Criminal Law and Probate for Texas on

Q: charged whit a 2felony for burgaly habitation first timer I got 2 years defer probation

But they didn't had much evidence as far j know they only had a video me saying if she keep bothering me I was going to do it some boots that where there testify if they where mine i agree cause i was scared i got raped I'm jail the lady that press charges is my moms next door neighbor but tills... Read more »

Nina Whitehurst answered on Aug 10, 2019

Fighting it will cost you more than the fines. Pay the fines and strictly comply with the terms of your probation.

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1 Answer | Asked in Real Estate Law, Landlord - Tenant, Patents (Intellectual Property) and Probate for Texas on

Q: Who would be the owner of a title or have claim to the title to real property if...

My father transfered a property to my mother through a special warranty deed that my grandmother had originally transfered to both of them through a warranty with vendor's lien but prior to this in '72 one half of the interest was transferred by a quitclaim deed to my grandmother while other part... Read more »

Nina Whitehurst answered on Aug 6, 2019

The only way any attorney can give you a definitive answer would be to review the entire chain of title with his or her own eyes.

1 Answer | Asked in Probate for Texas on

Q: My grandfather passed away, my father 2 weeks later passes away. Do we get my fathers share of my grandfather house

My aunt has recently called us about my grandfathers house. She says she will give us 800.00 and for us to sign some paper. But won't give to much info. About it how can we find out what is going on with this house.

Tammy Lyn Wincott answered on Aug 5, 2019

You need to consult with a probate lawyer. There is a lot more information needed before answering this question and I recommend consulting in private.

1 Answer | Asked in Probate for Texas on

Q: I'm An Heir In A Will In Probate How Can I Get The Paperwork To The Judge If The Executor lied About Assets

Tammy Lyn Wincott answered on Aug 5, 2019

You should contact a probate lawyer who litigates and discuss the specific details. If this person lied then you may be able to hold them individually accountable; however, you need to move quickly.

1 Answer | Asked in Probate for Texas on

Q: Can I report a lawyer to a state bar for drafting and notarizing a will, knowing that the person had mental illness?

A lawyer drafted and notarized a will for a person, who he knew was mentally ill. The will disinherited person's children and gave the entire estate, including children's personal property, to the mentally ill person's husband. The husband's daughter and the lawyer had an intimate relationship... Read more »

Terry Lynn Garrett answered on Aug 4, 2019

While you can report the lawyer, mental illness is not the same as dementia. Unless the person suffered from an insane delusion about someone they purposely disinherited, the Will is valid. Neither the person making the Will nor the lawyer has any obligation whatsoever to inform anyone about the... Read more »

2 Answers | Asked in Probate for Texas on

Q: My grandfather passed away, my father 2 weeks later passes away. Do we get my fathers share of my grandfather house

My aunt has recently called us about my grandfathers house. She says she will give us 800.00 and for us to sign some paper. But won't give to much info. About it how can we find out what is going on with this house.

Terry Lynn Garrett answered on Jul 31, 2019

Do not sign. If there were no Wills, your father's share passes to you.

As an heir, you can hire a local probate attorney to file an Application for Determination of Heirship and Issuance of Letters of Administration first for your grandfather and then for your father.

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1 Answer | Asked in Probate for Texas on

Q: Can a Texas Judge sign a Texas Small Estate Affidavit if deceased lived and died in Montana?

Montana doesn't require probate on estates valued under $50,000. His only asset in Texas is a bank account and the bank won't accept my Montana Small Estate Affidavit for Collection of Property because it isn't signed by a Judge. I'm not sure how to proceed.

Tammy Lyn Wincott answered on Jul 30, 2019

Contact an attorney in Texas. Some banks here are easier to work with then others. It may be as simple as recording the SEA here or filing a new affidavit.

2 Answers | Asked in Probate for Texas on

Q: Why is a lawyer calling me about the sale of my Dad and Stepmom's house?

My dad passed away April 2018 and my stepmom passed Thanksgiving 2018. I live in Texas they lived in Kansas. My Stepmom's sister has not once reached out to me. Now I am hearing of the house being sold. I have never seen any will for my Dad and Stepmom though I know they had them. So, I am... Read more »

Roy Lee Warren answered on Jul 29, 2019

My condolences. The lawyer is probably contacting you because you may have an interest in your father's estate. If he passed intestate (w/o a will) generally (depends on the state) the property passes 1/2 to the spouse and the remaining 1/2 of the property is divided among the children.

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2 Answers | Asked in Family Law and Probate for Texas on

Q: I have documents stating for me to wave my rights to my dad will that people r pressuring me an I'm the only air

My father was divorced to the lady who is wanting to be the the testament to his will

Terry Lynn Garrett answered on Jul 28, 2019

No one can force you to sign.

You may want to see a local probate lawyer.

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1 Answer | Asked in Estate Planning and Probate for Texas on

Q: Can the executor of a will be a felon?

Tammy Lyn Wincott answered on Jul 24, 2019

Generally, no.

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