It will depend on whether your Grandmother still has the capacity to sign documents. She must be aware that she is giving another person, of her choosing, these powers. If you believe that is the case you could contact an estate planning attorney to draft the documents. If cost is an issue (and...Read more »
My step uncle passed away recently without a will. My step dad is the only living family left. The only thing my uncle had to his name is a car worth about $1500 and there is a utility deposit check coming for $118. How do we go about transferring the car title and be able to cash the check without... Read more »
The land is in Atascosa County and should be in my mother's name and other siblings , but i found out it is in my aunts and cousin names. The property was known as the Arthur Gamble survey and was initially in my great grandfathers name, Mauricio Sanchez. Then he passed away and the siblings never... Read more »
I suggest meeting with a probate attorney who is familiar with real estate to review the documents in person. Land transfers to heirs if there is no will. It would not be in every single person's name, only those living and descendants of those that were living at his death and later died. It...Read more »
My mother died one year ago and named my oldest sister as executrix. There are no debts and three properties. One has been sold, one is on the market, and the third my two sisters and I intend to keep. My youngest sister and I do not agree with the executrix on the management of the property. The... Read more »
My Father and mother both died without a will. My dad has a Employee Stock purchase plan valued at around $18,000 and has a life insurance policy valued at 40,000. Do that qualify for the Small Estate affidavit probate process? I have got a link to Fort Bend county courts for the required forms,... Read more »
While the filing fee may be around $350, you would do well to hire a lawyer to help you complete this tricky form. Before that, you would do well to make sure that the entities holding the money will accept an Affidavit of Small Estate and not require Letters of Administration.
While in theory an Affidavit of Small Estate might suffice, financial institutions generally require court-issued Letters of Administration when there is no Will. Filing an Application to Determine Heirship and Issue Letters of Administration might cost you as much or more than is in the account:...Read more »
No, not unless you doing something to get the deed changed into your name. You are in need of a real estate lawyer to help you get through this big problem--before it gets out of your hands completely.
The Texas Estates Code requires that debts be paid in a certain order. There are eight classes. When the personal representative does not have enough in the estate to pay a class, the remaining funds are paid to the creditors in that class pro rata. It might be a good idea to consult a local...Read more »
My step brother is named executor and he had misappropriated some of the assets of before death ( with a POA) I was going to go to court file to have him removed from executor but am concerned about the no contest clause
It is hard to tell what the "no contest" clause covers without reading the Will. Texas law exempts contests brought in good faith and for just cause. From your description it sounds as though rather than contesting the distributions under the Will, you may be contesting the appointment of the...Read more »
(he told me I was the beneficiary). his landlord confirmed they were in his rental. my sister and/or niece found them, removed them from his rental and are denying they exist. Another family member confirmed they exist in a text message. what do I file, a small estate affidavit or a motion to... Read more »
You should contact an attorney immediately in the area where your brother died. If you know the insurance company, you may be able to present proof of death to them and claim any funds specifically left to you.
My brother and I are Co Executors as well as being the only two equal beneficiaries of our mothers estate. Basically, We each own 50% of the estate. I am wanting to know if I can will my 50% to my daughter?
After your mother's estate has been probated and you have received your inheritance, you can will it to whomever you want. During the probate process you can disclaim your inheritance: it will pass to your child or children. Before your mother's will is submitted for probate (proving), you can,...Read more »
Two witnesses who will not inherit may be able to sign an Affidavit of Heirship to transfer title to the house and a similar form to transfer title to the car. The first must be filed in the county deed records. The second with DMV.
If the children are not your children, your wife's...Read more »
My nephews and brother in Colombia are asking me how is my financial situation, how much is my retirement pension, etc. I don't know if I am going to be treated fairly. The attorney is a personal friend of my nephew.
What action should I take? Pls give me your advice.
House was in parent’s name only. I was told by atty that offspring heirs get the house after stepparent dies or decides to move out. I looked on property records online & after my parent died, “estate of (parent’s name)” was listed as sole owner, now 2 years later after probate has been... Read more »
Please check the probate records in the county in which your parent died. The property may have been willed to your step parent. If not, ask a probate attorney in that county to make sure that your inheritance right as your parent's child has been preserved.
You can explain the situation to your uncle. Depending on the terms of the trust instrument, he may or may not be able to make a distribution. A beneficiary can request a distribution but has no right to one.
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