Heterosexual couple living in Texas. It’s in my interest to join in common law marriage to be recognized as a household to be able to join in on my fiancé’s health care benefits. We have plans to have a formal wedding ceremony a year from now, or when we can—Covid-pending. Thank you.
If you are common law married, that is a valid marriage. Thus, if you sign any agreement regarding our property, it will not be a prenuptial agreement but a postmarital agreement which is recognized under Texas law.
When I die can I create a will appointing a close friend to be my daughter's guardian/caregiver when I'm gone? Will my daughter's father have any say so to whom is her caregiver? Thanks
Yes, you can. You also should establish a trust in your will for your daughter. You need to do this so that your daughter doesn't lose her governmental benefits... We don't charge anything extra for adding this type of trust into our clients' wills.
Have surviving children. Do the 2 surviving children have to include the children of their deceased siblings in signing loans to repair the home or selling the home.
Yes.
"waives any right to additional information regarding the matters governed and effected by this Agreement." (yes, the grammatical error is in the actual document). I'm concerned about this because I've been largely kept in the dark concerning family financials and I'm not... Read more »
It is not standard. In Texas an annual accounting must be provided to any beneficiary 25 or older, unless that beneficiary has waived the right to receive the accounting.
Texas death certificates do not typically list someone as "ONLY living relative." Please look carefully.
I left out two pages that were blank regarding beneficiary selection that did not apply (option A & B). I did complete section C, but did not mark the box indicating my choice. Based on the above info, is this TOD deed still valid, or will it be deemed invalid at the time of my father's... Read more »
It is invalid because it should have been filled out and signed by your dad.
The deed is in my dad name with moms being second. Dad passed in 1980. Mom is 83 and had lived in the home since his passing but never dropped his name from the deed. Dad left no will. Mom has a will with me as POA. How and what do I need to do to get this deed tranfered into my name before she... Read more »
The first step would be to transfer your father's 50% community property interest to your mother. At this point, she could do this with an Affidavit of Heirship recorded in the county deed records.
It is not clear that your mother should transfer the home to anyone while she is alive.... Read more »
Step mom left him and was living in Oregon. He did not have a will but 401k, life insurance and pension from a job before they were married. Are his children entitled to any of that money or not because she is listed as beneficiary? I
Know we have property rights.
She is entitled to the life insurance and anything else on which she is named the beneficiary. The 401k passes to her unless she wrote the plan administrator waiving her right to it.
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.
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 »
The will appoints my sister as executor. The deed is in my mother and father's name,both are deceased. All taxes and bills on the home are paid and current. Can we file for probate?
Yes, you can file the Will for probate but there may be other probate options available to you, depending on any other property or assets that need transferred. I would recommend consulting with a probate attorney in your area to discuss the options available for you.
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 »
My parents are married but dad was previously married and has 3 children (1 deceased and 2 living). My parents do not want previous children to receive any inheritance do they need a will or can they get by with a living trust? and IF they need a will can it go without being probated?
While they could use either a Will or a Revocable Living Trust, either a Will or any estate which was not in the Trust when they died would need to be probated. A Texas probate may be cheaper and faster than you imagine.
When my grandmother passed away, she left the family land to my cousins and I as undivided interest. Once all of her children pass away, the land is divided among the 12 of us. Her children no longer want to deal with the execution of the estate. How can I guarantee a portion of the property comes... Read more »
That sounds like a Life Estate to her Children, then Remainder over to the 12 or their heirs. But I am not reading the Deed or the Probated Will of GrandMother. Hire a competent attorney to search the title, determine what exact type of conveyance it is, then draft a Quit Claim Deed for all the... 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 »
The executor wants me (father) to attain a statement or p.o.a. so that I will receive the money and manage it as well.What do I need to do? My daughters are 18 and 16.
The 18 year old is as legally capable of receiving the money as she is of naming you her agent under a Durable Power of Attorney.
The 16year old is legally capable of neither. Her inheritance should be paid into a Uniform Gift to Minors Trust at a bank (up to $35,000), an... 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.
Provision declared our sibling had to contact remaining sibs within 5 years after Parents death. It’s now 5 years. No contact
It sounds as though your sibling is the administrator, executor, or trustee handling your mother's affairs. You need to make a demand on your sibling to make the final distribution. If he or she ignores you, then you can compel your sibling to produce an accounting and distribute the estate... Read more »
I hosted three exchange students; Mozambique, Paraguay and Nigeria.
Creating a trust can be expensive.
You can create a Texas corporation online yourself using the documents on the Texas Secretary of State's website and register it as a not-for-profit corporation the purpose of which is promoting education. You must have three people on the board.... Read more »
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