My common-law husband died after surgery. He had given me durable POA and I am sole beneficiary of his estate. He had just gotten his inheritance check from the sale of his mother's property but hadn't signed it. I can't probate the will until I get a death certificate but want... Read more »
You don't need to wait on the death certificate to get started with the probate process. Go ahead and contact a probate attorney to get that process started.
You may be allowed by your spouse's bank to deposit the check into his account, but maybe not. It's worth a try! If... Read more »
Mom will be living in her own trailer on my sister's property. I live in Michigan and am appointed Executrix in the will. Is an ou of state Executor acceptable in Texas?
Great question! Technically yes, Texas courts are supposed to apply other states laws in this situation. In practice, this is very difficult because Louisiana has a different legal system than Texas, and wills unfortunately don't travel well across state lines.
For example, in... Read more »
I am the administrator in an estate with a minor heir. The estate had been handled except for a pending wrongful death suit. When can I be paid as the administrator of the estate? And does the payment have to be approved through the court?
In most counties this will be a dependent administration. You must apply to the court for your fees.
And the other to my brother. My brother is the executor and has since decided to get mad at me and take the truck back. He has also told me not to go to my Dads house. As executor, does he have that right?
If your father did not put the title in your name, the vehicle belongs to his estate. Your brother, as executor, has not only the right but the duty to assemble all of your father's property, pay the debts (perhaps selling the property to do so) and only then distribute the remaining property... Read more »
When my husband died, we’d been separated for several years. His family informed me of his death and said his will stated that everything went to his brother. Can I be totally disinherited or do I have any legal claim to part of his estate?
In Texas separation has no legal effect, only divorce does.
However, unlike in the states which were party of the English colonies or in Europe, you are not automatically entitled to part of your husband's estate. You keep your 50% community property interest -- and all property... Read more »
My brother recently passed away. In his will, he left his estate to me and wished that I use the money to help take care of our elderly mom. The value of the estate is around $150k.
I believe there is approx. $8k in medical bills which need to be paid from the estate. No other bills... Read more »
You cannot represent yourself. The cost depends on whether the Will is properly drafted and has a self-proving affidavit.
My daughter owns acreage in Travis County Texas. She has a friend, who no longer has any immediate family, who wants to move onto a piece of it. Drilling a well, installing septic and either moving in a mobile home style structure or a pre-fab. This friend, upon her passing (not expected in the... Read more »
It sounds as though your daughter and her friend need a written agreement stating that (1) the friend will pay for septic and well in lieu of rent and (2) within a certain period following her death, the mobile home and all her possessions will have been removed by her heirs or beneficiaries or... Read more »
My husband's grandfather passed away in 2005 and he owned worthless land. Probate lawyer said he would not transfer deed to my husband as the executor. We were recently served by the tax assessor in that county for back taxes. How do we get out of this mess especially if the deed is not... Read more »
If the land is both worthless and not yours, let the tax authority foreclose on it for back taxes.
Only the person who wrote the Will can change its provisions. Whether a beneficiary consents or not is irrelevant. You may be seeking a Family Settlement Agreement. If so, the beneficiary is not obligated to agree.
Generally speaking, no. Texas law allows for the beneficiaries of a will to amend the terms by family settlement agreement, which would require every beneficiary to consent.
My dad was just diagnosed with terminal cancer and my mom does not read or write and I need to handle the financial affairs. They do not have a lot of money so I do not know what the cost is to get this process done . Any advice would be appreciated .
Your father may want to grant a Medical Power of Attorney as well as a Durable [Financial] Power of Attorney. You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Hire a fiduciary litigator.
The agreement was that they would be paid once I sold the house. I was laid off due to COVID, I informed them of this and they stated it was not their problem. I only have a couple of more steps to close the case. I am not sure how to proceed, I am located in Texas. How will this affect my case?... Read more »
You do not note whether the agreement is written. Everyone's memory is fallible.
The best way for your grandmother to give her house to you is through a Transfer on Death or Lady Bird Deed. That way, if she ever needs Medicaid (and many of us will, especially if we have to go to a nursing home), the gift will not count against her in qualifying to receive it and the house will... Read more »
My Father never signed prenuptial agreement with my stepmother. They lived in a triple wide trailer on my grandfathers land with tractors and other large equipment. She completely abandoned everything and moved to Dallas. My Grandfather is my POA because I live in another state. He has brought to... Read more »
See whether you qualify for Volunteer Legal Services (Legal Aid) in the area in which your father lived and died. If not, see whether you qualify for the Modest Means program of Lawyer Referral Systems there.
Father passed away and left his son his property. Son is incarcerated and will be for some time. Son inherited a vehicle. Can the vehicle be put in the son's name?
Yes.
Yes but keep in mind that Texas has neither an inheritance nor an estate tax and that the federal estate tax exemption is now $11.58 million per spouse, set to decline to $5 million in 2026 if Congress does not act. You and your beneficiaries may not need a trust.
No. You can have no more than $2,000 in the bank. In the same month in which you receive the life insurance benefit, transfer it to an account establishing a self-settled trust. The cheapest is with the ARC of Texas Master Pooled Trust. Open it now: it could take them two months to process... Read more »
Do I need a new will listing new assets or does “all my assets” include post marital purchases?
"All my assets" should do.
Mother was diagnosed with Alzheimers in 2015. Sister has Mother. I was joint Power of Attorney and in Trust for 50 percent estate. In 2019, sister took Mother to a doctor (after Mother's MD in Tucson already said Mother was unable to make financial decisions in 2018) and had me removed... Read more »
Only your mother can remove you as her agent under a Durable Power of Attorney. Depending on what the trust declaration says, it may be that only she can remove you as co-trustee.
In Texas, anyone who would be a beneficiary under a Will, an heir if there were no Will, or can convince the... Read more »
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