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Texas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Texas on
Q: What all can I know about my deceased Grandpa's settlement? I've already proved I am his heir, so when can they tell me

how much it is, how long this will take, can I get partial now,or anything else I should know??

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 18, 2021

It is not clear what you mean by "settlement." If this is a probate proceeding, the court documents are public. In the US, on average, it takes two years to settle an estate.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I have an aunt who is the executor to my grandfathers will (nonprobated) how can we change the owner of the deed?

Trying to transfer the deed to my grandmothers name because she is still living how do we do that?

Teri A. Walter
Teri A. Walter answered on Apr 14, 2021

The Only way to transfer title to your grandfather's property is to probate the will. The executor, when appointed by the court, will have authority over your grandfather's property, to dispose of it according to the will. Until that happens, no one has authority to sign anything at all... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: How does inheriting a large sum of money work, our lawyer advised he cannot distribute the money for 72 hours

So my husband's lawyer advised the inheritance was deposited into a account set up by the lawyer but the lawyer cannot distribute or transfer to our personal account for 72 business hours. We have never dealt with something like this and I wanted to know if that sounds correct.

Nina Whitehurst
Nina Whitehurst answered on Apr 12, 2021

That's really quick. I would usually require a 14-day hold before distributing funds out of any account that I control.

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: As an hair to an estate, what rights to I have over the administrator of the estate

My father is the administrator of the estate. As an air do I have the right to see all the documents that have to do with the state and bills being paid

Isaac Shutt
Isaac Shutt answered on Apr 11, 2021

You sure do! First of all, you should receive an inventory of the estate's assets within 90 days from the time your father was appointed. If you didn't get that, make sure your father supplies that to you ASAP. Secondly, 15 months after the time your father officially became the... Read more »

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2 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Identity Theft for Texas on
Q: A friend who's in real estate said he can get us a $2million loan to get me started. What legal actions should I take?

After knowing how good my credit scores are. He then sent me an email to sign.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Why is this posted under the Criminal Law topic? Taking out a loan is not a crime. Do you suspect fraud?

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2 Answers | Asked in Estate Planning for Texas on
Q: Can I become executor of estate sell it and then give them their share later? Or what should I do next to take of this?

My mother recently died. She and I were owned property together. Since we purchased the property we each got married. She was separated from her husband for the past three years but never got divorced. I have 2 brothers we are not her husband's children and 1 of my brothers is in prison in a... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 8, 2021

None of you has authority to sell the property at present. Hire a local probate lawyer to help you file an application to administer the estate, sell the property and, after all bills are paid, distribute the net proceeds according to the Texas laws of inheritance.

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: What can be done if executor refuses to probate will in Texas?

The executor doesn’t want to probate the will because he wants to live in the house of his deceased stepdad. He is not paying the mortgage. All beneficiaries listed in the will want to sell the home to close out the estate. We don’t know what to do.

Nina Whitehurst
Nina Whitehurst answered on Apr 6, 2021

Any of the other beneficiaries can open a probate court and petition the court to be appointed executor. The court does not have to appoint the executor nominated in the will if that person refuses to act. If the person in possession of the will refuses to turn it over to the court, the court can... Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: No will. Father died & Step-mother living in home. Children due $ upon home sell. Home repairs at the expense of who?

Do the Children have to pay upfront for home repairs prior to sell of home? What if the home never sells.

Teri A. Walter
Teri A. Walter answered on Apr 1, 2021

No, there's no requirement for the children to pay for step-mom's home repairs.

If the property was your father's separate property, the children inherit it, subject to the surviving spouse's life estate. (Meaning she has the right to use the property during her...
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2 Answers | Asked in Estate Planning for Texas on
Q: If someone is willed an inheritance, will they b required to pay taxes on the money they were willed

I have a document but I cannot figure out how to paste it here. 5hat is the best I could come up with so y'all could view it

https://photos.app.goo.gl/h3rHvB1Lj8b8Vin99

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 30, 2021

Yes. An inheritance is income just like any other income.

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1 Answer | Asked in Estate Planning for Texas on
Q: My daughter was left something in her grandfather's will. The will specified that recipients must be 25 years of age.

If recipients are under age 25, their portion goes into a trust. In the state of Texas, is there a way she can receive her part earlier.

? She is 21 years old.

Teri A. Walter
Teri A. Walter answered on Mar 23, 2021

First, review the terms of the trust, and then talk to the Trustee. Often, the Trustee has discretionary authority over any distributions.

1 Answer | Asked in Estate Planning and Elder Law for Texas on
Q: Can someone hide a will to gain all that was supposed to get gain what was left to somebody in the will at death

Father in law acted like a will didn't exist so my husband wouldn't get what was left to him

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 23, 2021

In Texas failing a produce a Will is a crime. It you have evidence tending to prove it exists, or existed, such as signing witnesses who can testify as to what it said, please contact a local probate attorney.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Executor not named on Dad's will. Person to become personal representative is not fit to do it. What can I do?

Court date to validate will and personal representative is set. Person trying to become the personal representative has already transferred assets into her name that belonged to a different beneficiary, and I suspect she abused power of attorney to do so. Do I need to file anything with the court... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 19, 2021

Hire a local probate lawyer to protect your interests.

1 Answer | Asked in Estate Planning for Texas on
Q: Does it take more than 15 years to process a lawsuit?

My dad died from cancer & was exposed to asbestos from his jobs as a welder (30 jobs or more). We have a settlement that provost and Humphrey has been handling since he died in 2001 but we've only gotten small checks, 50$, like every 7 to 8 yrs. What can we do about it?

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 9, 2021

First discuss the matter with your attorney. There can be years of appeals.

1 Answer | Asked in Estate Planning for Texas on
Q: If an uninsured patient dies after being hospitalized, will her estate be responsible for the bill?

The Emergency Medical Treatment and Active Labor Act (EMTALA) mandates that an ER and hospital treat an uninsured patient until she is stabilized (or dies), but it's an unfunded mandate and I believe patient is technically responsible for bill. This patient lost coverage when her husband, who... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 3, 2021

The first $15,000 of medical bills of the last illness are payable as a Class 1 claim.

Anything above that is payable as a Class 8 claim.

All are payable before anything is distributed to beneficiaries.

COBRA costs. But if she does die with big medical bills, that could...
Read more »

1 Answer | Asked in Estate Planning, Foreclosure and Probate for Texas on
Q: How to get my name on the deed to my dads house after his passing

My father and I had lived in this home since I was 6 years old. He got married in 2014 and he was renting to own the home. when the payments were completed they put the house in my step moms name and now my father has passed away. I called the tax office and they are not listing me or my brothers... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 3, 2021

Hire a local probate attorney to file an application for succession.

1 Answer | Asked in Probate and Estate Planning for Texas on
Q: My mother passed without a will and my father is requesting independent administration of her estate. Do I need a lawyer

My father has been incredibly untrustworthy and not acted in anyone else's interest since my mom's passing in May 2020. He was in a new relationship via a dating app in less than 2 months and married in less than 9. He wants my siblings and I to sign a waiver to agree that he can do what... Read more »

Isaac Shutt
Isaac Shutt answered on Feb 25, 2021

Definitely would be a good idea to have one, so that you have a professional in your corner to protect your inheritance rights. It shouldn't cost much, because your lawyer would really just be a watchdog unless your father really tries to take advantage. Also, your father can't get an... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for Texas on
Q: I have been paying a mortgage that's in my mother-in-law s name for 22 years, my common law husband of 27 yrs died.

The family wants me out. What can I do

Nina Whitehurst
Nina Whitehurst answered on Feb 22, 2021

You have essentially been paying rent all of those years. Yes, chances are you are going to have to move out. You should schedule a consultation with an unlawful detainer attorney to see if there are any eviction moratoriums in place that might help you get more time.

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2 Answers | Asked in Estate Planning, Banking and Probate for Texas on
Q: Who is responsible for Bill's such as electrity and water and car payments and insurance payments when someone dies

Father died back in 2019 in july verbally naming brother as PR of estate. Wondering if him charging the estate 35 dollars an hour and saying that he has 958 hours of work on the estate is unreasonable or if the judge will see that as unreasonable. He says hes done extraordinary measures the whole... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 11, 2021

The estate is responsible for the bills. It matters not what your father said. If he did not leave a Will which has been submitted to probate (proving that it is his Will), anyone can apply to the court to settle the estate. After the court has appointed that person administrator, he may charge... Read more »

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1 Answer | Asked in Bankruptcy, Estate Planning and Collections for Texas on
Q: In Texas, If my Dad and I have a Life Estate Deed together and he gets sued, can a lien be placed on the house?

Want to sell house later without any liens being placed ,he is currently living in house.

Teri A. Walter
Teri A. Walter answered on Feb 9, 2021

If the house is homestead, the lien won't attach.

When you say you two have a "life estate deed together" I don't know what that means. A life estate is only the right to use the house during your lifetime. Presumably one of you has a life estate and the other has...
Read more »

1 Answer | Asked in Estate Planning and Family Law for Texas on
Q: Do I need lawyer before or after we buy a home in a few months or move to another state for a postnuptial?

We plan on moving to Texas after we purchase a house within a next few months.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 30, 2021

A Texas postnuptial is probably best drafted when you reside in Texas. Because a postnuptial can recharacterize separate and community property, that you have purchased a Texas home while California residents is likely irrelevant.

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