There are way too many missing facts for any attorney in this forum to be able to answer your question. You should gather up as much information as you do have and schedule a consultation with a real estate attorney in your area.
I have durable POA and medical POA. My dad's daughter recently started taking him to appointments and taking him out. Then I found out that she added herself to his bank and was controlling his money.. Do I have the power to keep her away from him? If I don't, what can I do to keep her... Read more »
There is a family battle for Durable Power of Attorney, Guardianship and Executor. I am primary on all things as of this moment but my mothers mind and memory is getting worse by the week so other family members have stated that if they get her alone then they will have her sign and have notarized... Read more »
Given your mother's deteriorating condition and the threat of other family members to have her sign another POA, your best course of action is probably to petition a probate court for temporary or permanent guardianship of your mother.
That will probably be less expensive and more...Read more »
Yes, your mother can leave her half to you even if the home has a mortgage on it. If she does that, then after she passes you and your brother will need to keep making the mortgage payments on the house lest the bank foreclose. In the end, you and your brother will probably end up selling the...Read more »
They are now in the process of a divorce. But I'm not so sure he will live long enough before the divorce is finalized. He wants to leave his house to me only. What do I need to do to ensure this happens?
The Trust contained his home, a couple IRA accounts (they informed us of these), and a parcel of land that is leased out. His home is still listed under the Trust. We found it named in property tax records. We don't know who holds the Trust and we don't know if the Trust was amended after... Read more »
It sounds like the attorney stopped communicating with you because he has a conflict of interest. If the attorney previously performed legal services for your half-brother related to the trust, he quite likely does have such a conflict and should not communicate with you.
The life insurance goes to the beneficiary . Call the life insurance and see who the beneficiaries are . They will give you instruction how to get the money if you have the beneficiary. You will need the death certificate
daughter had a durable power of attorney drawn up, nameing herself as my wife's agent. she did this without my knowledge or consent. Question: how do i or can i have this document cancalled and draw up my own?
I need more detailed information, but generally if there is not a Will or Trust in place the estates of your mother and father would have to go through probate court separately. Because there is not a Will or Trust in place the destruction will be based on statute, and therefore it is likely that...Read more »
A Texas attorney could advise best, but your post remains open for three weeks. You could repost and include "Probate" and "Estate Planning" as categories. Some questions go unanswered, but you might have better chances of a response under those headings. Good luck
The will that his sister presented was forged and I hired a guy to prove that so I'm contesting the will but the atty I have is saying that I am going to have to put up a bond on the house since I'm contesting the will and she is trying to sell for only cash illegally plus she has taken... Read more »
It depends on what the bond is for. Your attorney may be seeking a TRO (temporary restraining order) or temporary injunction to prevent the sale of the residence. Such legal action requires a bond or cash deposit in lieu of bond. An alternative that will not require a bond is a notice of lis...Read more »
I have it signed, witnessed and notarized now. I just want to keep my business private. My problem is my house. I think my POA couldn't sell the home without it being filed...Is that correct? I think anything else doesn't require it to be filed in Texas. Also, if I am placed in a... Read more »
You have asked a multi-layered question. The POA you have signed that kicks-in upon your disability sounds like a potential problem. If you do want such a document, I would make it so that you require TWO separate Agents to sign for anything of value over $10,000.00 which would include your house....Read more »
A will is only valid if it is signed by the decedent and witnessed by two disinterested witnesses. If there is not a valid will when the decedent dies, then his assets (estate) passes to his heirs through the Texas laws of intestate succession.
Given that your Father never signed his will,...Read more »
Typically, a deed of trust secures a loan against a single home. In rare situations, it may secure a loan against more than one. The deed of trust itself should contain the legal description of each parcel of real estate. Commonly, if there is more than one, that section of the deed of trust...Read more »
An attorney could help you by looking in the real estate records. Some estate planning attorneys file trusts there. Also, if you can remember who the estate planning attorney was, you can contact the attorney for a copy.
If neither of those work, our law in Texas states that the...Read more »
Mom divorce 02-12-18 Mom passes away 02-13-18. Divorce DECREE Divested him of all financial,interest bearing,money markets accts& life insurance policies. Life insurance is a Welfare Benefit in Texas,and he signed off rights to Moms pension but Valero paid him still. Probate Attorney filed... Read more »
You should contact the personal representative of your mother's estate. If you are an heir of your mother's estate, you should have received a notice, which could be as simple as a letter, notifying you who that individual is. If you did not receive such a letter, you can look that...Read more »
It really depends on what the original trust document states. So, the answer is: "It depends". Start by looking at the trust declaration for how to amend the trust declaration. This is usually in a paragraph labeled "Revocability."
The answer you seek would require me or any other attorney to review all of your dad's estate planning documentys and assets. Plus, the latest deed and lien on the subject property. Why are you giving a deed?
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