Terry Lynn Garrett's answer As residents of Puerto Rico, your parents are also U.S. citizens. In most U.S. jurisdictions the home is likely to pass to the surviving spouse. Your father should consult a probate attorney in Puerto Rico.
Terry Lynn Garrett's answer It might be better for him to transfer it to you effective on his death using a transfer on death or a Lady Bird Deed. If he makes any transfer of $200 or more for less than fair market value in the five years before he enters a nursing home (or hospital followed by a nursing home) and then, like 90+% of Texans, applies for Medicaid, Medicaid will treat him as still having the difference between the fair market value and the transfer/sale price. He won't qualify until he has been in the...
Terry Lynn Garrett's answer That depends on how long it takes the executor to collect the property and pay the debts (including filing the final income tax return). 15 months after the executor is appointed by the court you may request an accounting. If there is no distribution 24 months after the executor is appointed, you may ask to remove her. Nationwide, the average time to settle an estate is two years. This one may or may not take longer.
Terry Lynn Garrett's answer If your father's only children are also your mother's children, ask two people who can witness to this sign an Affidavit of Heirship before a notary public and record it in the county deed records.
Terry Lynn Garrett's answer If your friend thinks she is in further need of legal representation, she should contact the local probate court. Lawyers have a form to file with the court when they take over a deceased lawyer's practice. If this is a dependent administration, there are further steps she must take. If this is an independent administration, she should at least get a Receipt and Release in exchange for the checks. She must also file the 1040 and perhaps a 1041.
Terry Lynn Garrett's answer Take the more recent Will to a local probate lawyer and ask him to contact the nieces. It is more difficult to straighten things out at this late date but may not be impossible.
Terry Lynn Garrett's answer In Texas if you are 25 or older and a current beneficiary (not someone who might receive benefits in the future), the trustee must give you an annual accounting. If you know that the trust exists and know who the trustee is and know that you are a current beneficiary and are 25 or older, you can demand an accounting and, if it is not produced, hire an attorney to file a Motion for an Order to Show Cause ordering the trustee to explain to a judge why the annual accounting has not been produced.
Terry Lynn Garrett's answer Paternity is more easily established while a person is alive. If your daughter is a minor or disabled and you seek child support, there is a reason to seek a formal declaration of paternity and, if the father is unwilling, a paternity test.
Until the Will is submitted for probate, your daughter will not know whether she wants to contest it.
Terry Lynn Garrett's answer If there no spouse, parents, children or siblings survive, uncles and aunts and then first cousins by blood (not marriage) will inherit. In the right circumstances, even second cousins can inherit, as can those further removed. Ask a Texas attorney to file an Application for Determination of Heirship and Issuance of Letters of Administration.
Terry Lynn Garrett's answer A Power of Attorney becomes ineffective when the person who granted it dies: you cannot act as agent for someone who, being dead, cannot give you directions. No one can use a Power of Attorney to handle an estate. An executor or administrator must be appointed by the court to handle it. That person can be a felon IF all their rights have been restored.
Someone can appoint a person with a felony conviction to be their agent under a Power of Attorney while they are alive. Today a...
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