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Texas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Texas on
Q: Can marriages couples can protect there pension In case of a future divorce in texas?
Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 22, 2020

During the marriage a spouse can write to the plan administrator waiving his or her right to inherit 401k or similar benefits. Be sure to send the letter CM RRR and keep a copy.

If a company pension is involved, not a 401k, check with the pension plan administrator.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My father had two siblings, my uncle and Aunt and they all inherited land and houses from my grandparents. Recently my

My father had two siblings, my uncle and Aunt and they all inherited land and houses from my grandparents. Recently my aunt and uncle sold the land and houses. Was any of that supposed to go to my dad or were we supposed as his children entitled to disbursement .

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 21, 2020

If the land and houses they sold included your father's inheritance, ordinarily his share should have gone to him and, if he died, to his beneficiaries under a Will or, if he had no Will, to his heirs at law. The answer could be different based on the language in your grandfather's Will.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Who get's the house?

So my cousin just passed and her house was put in hers, her sons and my moms name. Her son has warrants and will most likely be in prison for a few years. So I'm wondering if my mom get's the house if he is locked up? Does she pay him his part even though he is locked up?

Update:

We... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 17, 2020

The fact that one of the people on the deed is locked up will not prevent him from owning that share. Your mother could purchase his share from him, yes. She should have a real estate attorney help her with this.

There is also the question of what happened to the decedent's interest. If...
Read more »

2 Answers | Asked in Estate Planning for Texas on
Q: Can one stipulate that property children inherit later be divided amongst their living siblings upon their death?

What if I were to want to leave property to my children equally, but when they also pass away, have them leave what was inherited from me to their living siblings first and not their spouses, children, etc. Is that an option?

Nina Whitehurst
Nina Whitehurst answered on Feb 15, 2020

Yes that is possible. An estate planning attorney can help you accomplish your goals.

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1 Answer | Asked in Estate Planning for Texas on
Q: My father died withoit a will in Louisiana in 06 my mother did a succession there are three living children one decease

Who left on gradchild, the property is under $100,000 Can I do a small affidavit succession

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 4, 2020

If your mother has already filed a succession, aren't you too late?

1 Answer | Asked in Estate Planning for Texas on
Q: Is my father's estate responsible for his wife's credit card debt if he was not on the card
Ross F. Tew
Ross F. Tew answered on Jan 23, 2020

In my experience the answer is yes. Debt incurred during the marriage is community debt. I have had creditors agree in writing that they discharge any claim against the estate and will only seek payment from the surviving spouse. You should definitely be working with an attorney if you are... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Can I find any information on whether my father left a will in Texas?

My father lived and died in Waco Texas. He died on September 9, 2019.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 20, 2020

While some people deposit their will with the local probate court, most do not. Most people die without a will. If you have thoroughly searched your father's home an if he did not have a safety deposit box in which he might have put it, chances are good that he had no will.

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3 Answers | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: What can be done when the state seeks guardianship of my dad?

Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical and... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 19, 2020

You can hire an Approved Guardianship Attorney and apply to become his guardian yourself. Usually no guardian is needed if there is a valid Medical Power of Attorney and a valid Durable Power of Attorney. But from your description, someone may need to take away the keys, regularly check on your... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: My mother was left a condo in her deceased husband's will 4 years ago. She has not changed the name from him to her.

I want to buy the condo and was not sure if she can when it's still in his name. She is owner financing it for me and I got a contract drawn up but want to be sure it would be legal for her to be named as the seller or does the name of the owner be changed to her before executing the contact

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 15, 2020

If the Will was admitted to probate as a Muniment of Title, the Order admitting it should be filed in the deed records. If not, a Distribution Deed from the estate to the beneficiary should be recorded. Without one or the other of these, your mother has no legal authority to sell the property to... Read more »

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1 Answer | Asked in Probate and Estate Planning for Texas on
Q: My brother took my mom had her sign a will he drew up she was unable to sign I have proof of this

She was hallucinating she & HER son had no relationship my kids &I lived with her until they grew up now she had left almost everything to my kids & me my brother was very jealous of the fact my momma allowed us to live at her house she did everything for my children she did nothing at all for his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2020

That is very sad situation. There were legal remedies but it might possibly be too late for you to pursue them. Take all of your facts and documentation to a will contest attorney in your area to see if there is anything left that you can do. Do not delay any longer as time is of the essence.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: What type of lawyer do I need if the executor of my mother's estate is not cooperating with me and we are being sued?

Mother was in a nursing home on Medicaid and was supposed to have her estate released to D.A.D.S upon her death. It has been 3 1/2 years and they never took properties to my knowledge. My sister is the executor and does not want to let me know what is going on. We are now being sued by the... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 13, 2020

15 months after an executor is appointed any beneficiary can request an accounting. It is due within 60 days. 24 months after an executor is appointed a beneficiary who has not received a distribution can petition the court to remove the executor (assuming there is something to distribute).... Read more »

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1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: I live in my grandparents house can my mom kick me out.

The house was left to my aunt, never probated the will. Can my mom kick me out

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 8, 2020

The will needs to be probated otherwise it's not valid. Until then the house passes according to Texas laws of intestate.

1 Answer | Asked in Estate Planning for Texas on
Q: What does the Texas Statutes Estates Code stipulate for a person dying intestate with only two half sisters still alive?

There are no living parents, children, spouse, nor maternal or paternal grandparents. The two half sisters have been involved in the decedent's life with great relationships most of his life.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 3, 2020

Half sisters inherit, regardless of their social relationship with the decedent.

3 Answers | Asked in Estate Planning and Probate for Texas on
Q: My father just passed away in June and I need help getting his affairs in order and taken care of and I have no idea

Disabled veteran, no will, 1 sibling I can't find

Nina Whitehurst
Nina Whitehurst answered on Dec 12, 2019

Click "Find a Lawyer" above and contact a probate attorney in your area.

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2 Answers | Asked in Estate Planning for Texas on
Q: Can you inflate the value of an estate

Do you have to have a basis for valuation?

Executrix is the daughter of the decedent, however they have been estranged for years. She is claiming an 800,000.00 estate. How can she claim a number out of thin air? The real story is her husband attorney changed the Will to the benefit of... Read more »

Ross F. Tew
Ross F. Tew answered on Dec 5, 2019

It isn't illegal to be wrong about the value of assets. Amended inventories and accountings are filed when necessary. Beneficiaries can file complaints with the court and object to valuations recited in an inventory or accounting. I need more context to understand why or how the personal... Read more »

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: I have a client who's husband just died and I wanted to know how can she set the warranty deed under her name.

She wants to take out her husband's name out and only have it under her name.

Jon R. Boyd
Jon R. Boyd answered on Dec 4, 2019

She needs to either probate his Will or have an intestate proceeding, such as Petition to Declare Heirship, etc.

I'd be happy to help if you/she needs it. Have her call me.

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1 Answer | Asked in Civil Rights, Consumer Law, Estate Planning and Real Estate Law for Texas on
Q: My house sold in auction sept 3,2019. I have still been living here up to present date What are my rights

Received a letter from law firm stating if I was the prior deed holder, I had 3 days to vacate the premises. I guess I need guidance as to who what and where I’m supposed to go or do now Also would like to know about any known resources and rights I actually have concerning this I am trying... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

You need to search for resources in the area you live in as soon as possible. It is possible for the Sheriff to come evict you at any time. Try your local city government, city councilman, salvation army, area council of government, churches, veteran's groups, etc.

2 Answers | Asked in Estate Planning for Texas on
Q: If I haver a small estate, under 100K, no debts, no fixed assets, can I make my own will and power of attorney ?

I have copied and edited a will/last testament, power of attorney and medical directive from online to fit my situation. I can file them with the county clerks office. Do I still need a probate attorney?

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 3, 2019

Your Medical Power of Attorney and Advance Directive to Physicians and Surrogates should be given to your physicians and the people they name. Your Durable Power of Attorney should be filed in the deed records of the county in which any real estate it governs is located. Some county clerks do... Read more »

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My mother left my half sister in charge of her money and my sister died and my mother still alive who gets money

Because my mom still alive and has 2 living children is it legal for my deceased sister to leave her husband in charge of my living mothers money

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 3, 2019

It is not clear what "in charge" means in your description. If your mother appointed your stepsister her agent under a Durable Power of Attorney, that document might or might not give your stepsister the authority to appoint a successor agent.

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2 Answers | Asked in Elder Law and Estate Planning for Texas on
Q: What can I do? I already have an Advance Directive? The APS says Dad has diminished capacity. What to do?

Dad got lost while out driving and wound in a strange place. He wound up I'm a hospital, then into a short term facility and then went to a long term place and we are paying the bill for it.

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 29, 2019

In Texas a Durable [Financial] Power of Attorney is the document your father would have signed to name and grant an agent the power over his finances needed to access his bank account, sell his property and pay for his care. If your father did not sign that document while he had capacity to do so.... Read more »

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