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I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More 
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answered on Mar 23, 2025
The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More
I am looking for guidance on inheritance matters in Texas. There are three cousins who are next in line for an estate. Two brothers who were originally in line for the estate have passed away. One of the deceased brothers had a wife who has also passed away and has two surviving children. The other... View More
answered on Mar 20, 2025
You should consult with a probate attorney who practices in the county where the decedent died. An intestate (without a will) probate can be opened in the County. The rightful heirs will be determined, and the administrator will distribute the proceeds.
If the two brothers have passed,... View More
Following my parents' divorce, it was stipulated in the divorce papers that I would receive a 1/4 interest in anything my father received from the Harber estate. My father, who had inherited a trust alongside his sister, has since passed away, as has his wife. I have the divorce paperwork, but... View More
answered on Mar 19, 2025
You should probate your father's Will. In accordance with the divorce decree, he should have left you the 1/4 interest you are entitled to in his Will. If you cannot locate your father's Will, you can still probate your father's estate as one of his heirs at law and argue that you... View More
I have paid off my mortgage, and my wife's name is not currently on the title of our property. I am considering adding her name now, as I want her to have full ownership of the property if I pass away. What steps do I need to take to ensure her name is added and she has full ownership?
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answered on Mar 13, 2025
If you add your wife (which you can do via a Gift Deed, or Warranty Deed), she will be the full owner at that point in time. If she dies before you, you will have to go through probate and hope the law in your jurisdiction will give it back to you.
Other options: Transfer on Death (most... View More
I have paid off my mortgage, and my wife's name is not currently on the title of our property. I am considering adding her name now, as I want her to have full ownership of the property if I pass away. What steps do I need to take to ensure her name is added and she has full ownership?
answered on Mar 13, 2025
Some more facts are necessary to fully answer. Since Texas is a community property state, if the home was purchased during marriage, she already owns her community property portion. From an estate planning perspective, a Transfer on Death Deed would work such that at death, she would own the home... View More
I found personal documents, including a family will, social security numbers, and court documents, belonging to a deceased person while working in an attic during a demolition and construction project. I'm seeking legal advice on how to handle these documents properly. What should I do next?
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answered on Mar 13, 2025
Since you've found sensitive personal documents belonging to a deceased person, including a will, social security numbers, and court records, you should handle them carefully to avoid legal or ethical issues. Here are the recommended steps (not legal advice):
1. Do Not Destroy or... View More
I want all three of my sons to have an equal say as executors of my will. I reside in Texas and I'm planning to leave my home to all of them equally. Is it possible to appoint all of them as executors, and are there considerations I should be aware of?
answered on Mar 12, 2025
Yes, it's legally allowable. Is it typically recommended by experienced estate planning attorneys? That's a different question...
We typically don't recommend it because it can create disharmony among the children. You're basically asking three people to share one... View More
My grandmother passed away and left me her home in her will, which directly states the house is mine, and there is no debt to the property. The will did not require probate. I am handling the transfer myself without any legal assistance. What steps do I need to take to transfer ownership of the... View More
answered on Mar 8, 2025
Wills do not have any legal effect until probated (validated by law). For 99% of cases, this seems absurd! However, laws are made for the 1% bad eggs--not the 99% good eggs. There are lots of fake, fraudulent "wills" out there, so the law requires probate to prevent those fake... View More
I believe someone changed the original will to designate themselves as the recipient, whereas the original will had other proper recipients. How can I contest this will? I have the original document with the proper recipients listed. What should my next steps be?
answered on Mar 7, 2025
You should definitely meet with an attorney who has probate litigation experience. Don't wait. The sooner you file in Court, the better your odds of success in court. In fact, in the legal field, we call this a "race to the courthouse."
Sadly, we see altered wills fairly... View More
I need legal advice for my husband, a senior citizen currently in jail in Texas for a first-time family violence charge. A bond is set, but I cannot get him out as I am considered the victim, despite not needing a no-contact order, which is in place. His only prior is a drug charge from over 20... View More
answered on Mar 6, 2025
You need a lawyer to help you. His dementia can definitely cause erratic behavior and aggressive behavior. If you have any doctors notes or reports stating his status with dementia, that would go a long way with a judge. I would like to know what county you are in and which judge you have.... View More
I need to know if a 401k goes to the surviving spouse or the designated beneficiary when someone dies without a will. The deceased was from Texas, had a designated beneficiary on the 401k, and had grown children.
answered on Mar 3, 2025
The designated beneficiary receives the 401k. Designating someone other than a spouse requires spousal consent. So, if the 401k beneficiary is someone other than the surviving spouse, it is very likely that the spouse at some point in time in the past consented.
Can a testator in Texas grant an independent executor, who is neither a legal heir nor family member but the primary beneficiary, the authority and powers typically given to a trustee, especially when no trust exists? The executor is also the CEO, President, and part-owner of the nursing home where... View More
answered on Feb 17, 2025
Yes, a testator can appoint an independent executor who is not an heir at law and who is a beneficiary under the testator's Will.
It is common in drafting a Will to say that an independent executor has all of the powers of a trustee even when the Will does not create a trust. That... View More
I am looking to obtain both medical and financial power of attorney for my elderly mother, who is currently able to make her own decisions. She does not have a will or any other estate planning documents but understands the importance of assigning me as her power of attorney. What are the steps and... View More
answered on Feb 16, 2025
As an estate planning attorney, I would always recommend that you have an attorney assist her just to understand the documents fully and whether there is a need for any modification to the form based on the statute. You can search for Texas Statutory Durable Power of Attorney and Texas Medical... View More
In tx if your loved one had a lady bird deed with a house with a reverse mortgage can you skip probate? They’re demanding a letter with executor listed for probate, but there isn’t going to be probate so, I want to make see if we need affidavit of heirship since they won’t accept just lady... View More
answered on Feb 13, 2025
With a ladybird deed in Texas you do actually bypass probate. The name of the beneficiary becomes the owner of the property upon the death of the grantor. One problem I've realized with any outstanding mortgage is that while the beneficiaries do own the home, they never entered into the... View More
In tx if your loved one had a lady bird deed with a house with a reverse mortgage can you skip probate? They’re demanding a letter with executor listed for probate, but there isn’t going to be probate so, I want to make see if we need affidavit of heirship since they won’t accept just lady... View More
answered on Feb 12, 2025
The lady bird deed automatically transfers ownership of the house to the beneficiary(ies) named in the deed, subject of course to the reverse mortgage. It is not necessary to probate the decedent's estate to transfer the house.
The beneficiary(ies) need to pay off the reverse... View More
Not filed probate yet, not will, surviving spouse with dementia in a nursing home. I am still organizing our mother's affairs. I have a key and have always been free to come and go freely. But since our mother's death, my sister is telling me to stay away. She's trying to steal our mother's home.
answered on Feb 6, 2025
you should file for probate immediately. If and when you are appointed the personal representative of your mother's estate, you will have the right to enter the house. Until then, any permission (or even a written power of attorney) given to you by your mother died with her.
In Texas, if one of a few heirs/next of kin, was sole caretaker/power of attorney/POD on one’s bank account/only person to care for person who now has passed, and there’s several credible witnesses, is there a way to fight the normal entitled heirship owed to other heirs? All that’s involved... View More
answered on Feb 6, 2025
It depends on the quality and character of the evidence. Ordinarily, an agent under a POA can sign a deed on behalf of the principal, but it is highly suspicious if the agent himself is the grantee under the deed.
You would need credible evidence that the grantor-principal was absolutely... View More
He was a retired military man. We don't know who he used as an attorney. If, he filed a will with an attorney, is there a way to find out who that attorney is? We don't have a lot of information. Such as, his social security number or what bank he banked with for his private investments.... View More
answered on Jan 22, 2025
I would add don't forget to check with the DoD and with any institution holding financial assets to determine if he named any of his children as beneficiaries. This type of asset usually passes outside of probate to the beneficiary designated on the account.
He was a retired military man. We don't know who he used as an attorney. If, he filed a will with an attorney, is there a way to find out who that attorney is? We don't have a lot of information. Such as, his social security number or what bank he banked with for his private investments.... View More
answered on Jan 22, 2025
Unfortunately, there is no way to locate a will without knowing where the deceased kept it. There is no requirement to report wills prior to the death and no way to locate the attorney who may have a copy without a lead. However, keep an eye on the records in the county where he lived for a probate... View More
answered on Jan 13, 2025
Yes there are various online programs that can assist you in drafting a trust. As an attorney I will tell you that most I review dont end up being written to meet my clients goals because there are so many potential options for a client to choose in these programs. If you are ok without knowing... View More
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