my father just died i had to pay all the funeral but my half sister and her oldest sister were given an estate of my child home my mother gave me after she past 12yr ago and i have the first deed when they purchesed it ,after she past my dad was pretty much homless so i let him stay with me and... Read more »
answered on Jun 21, 2022
You need to act fast. You should go get a copy of the Estate Paperwork, etc. They may have been required to serve you, and didn't, or created some other legal issue. However, if you do not get it all straight, you may lose anything you should have received. It sounds like you had at least 1/2... Read more »
This was excess funds from his land being sold to pay back taxes. I had to hire the lawyer to set me up as executor. His fee came out of the excess funds and he was to then send me a check of the remaining. It had been two weeks since he said the check would be mailed. When I inquired, he said the... Read more »
answered on Jun 14, 2022
That is possibly embezzlement or conversion by the lawyer entrusted with the sale proceeds. You should report him to the Alaska Bar. Check the internet for the regulatory agency, or call the
Governor's Office for assistance. That kind of stealing makes all real lawyers look bad.
I am from fort worth, and the unclaimed assets are there. However I am currently in tulsa Oklahoma
answered on Jun 13, 2022
It depends on the value of the unclaimed property. If the unclaimed property is just some money that has been deposited with the Texas Unclaimed Funds Registry and it's not very much, you can file a claim directly with the State of Texas Unclaimed Funds Registry.
If it's other... Read more »
answered on Jun 8, 2022
The effect divorce has on an existing will is to read the spouse out of the will. There may be some ambiguity though as, while the law provides for reading-out, it also provides for reading-in in the event of a marriage after an existing will (e.g. unless new will made after marriage that excludes... Read more »
We are at the point where probate has been done and assests are being collected. One of the beneficiares died and did not have a will, so we do not know who to contact to notify of where we are in the process and what the inheritance contains.
answered on Jun 8, 2022
Was there an heirship proceeding or estate opened for the beneficiary who passed? Their estate representative may be the one to contact. Texas law also provides that if the devisee is a descendant of the testator or testator's parents then the gift goes to their heirs.
I can provide psychological and medical documentation that it is no longer needed. My wife will not comply. Is divorce necessary. Is it the only way. I have a paid for house and some land. She wants it evidently. She has me in a nursing home. I want out of the nursing home and guardianship and... Read more »
answered on May 31, 2022
Hire a TX attorney to file a Motion to Terminate the Guardianship, with a possibility of an Accounting.
When we first told them we have mold, they said it wasn’t mold but sprayed mold killer. We told them again and they are still saying it’s not mold but my kids have seen multiple doctors who all say that they are being affected by mold. I’ve shown pictures to them and everyone says that it is... Read more »
answered on May 29, 2022
Ask your local health department to come out and investigate.
I'm trying to figure out what the best option is. My son and his wife will make the many costly repairs needed on my home and pay the $25,000 worth of back taxes on it. Is there a way that my son can be part owner before my death, without complications? Or must the deed be done now & state... Read more »
answered on Apr 30, 2022
There are a few tools that can be used to help achive your goal of transferring the property to your son, while protecting it from the risk of a bad marriage or divorce later.
It would not cost much but there are special deeds, including a Life Estate, that can do what you want.... Read more »
Back in October of last year, my partner was diagnosed with cancer, His daughter came to where we reside and had been discussing power of attorney with me and I said yes I would let her be responsible for his healthcare should his condition worsen after his surgery. My partner was at a hotel and... Read more »
answered on Apr 14, 2022
Wills can be revoked. The easiest way to revoke them is to get them back and burn or shred them. I suspect that will be difficult to impossible in your case, however, so you will have to use the other method, which is to do new wills that expressly revoke all prior wills. Then entrust them to... Read more »
my hubby & I married into a blended fam; We created a will together plus wrote specific instructions bout dividing, distributing assets, and property and had signed in front of a notary.
Is that enough or should we have done a Trust?
Is a Trust better than a Will?
Does... Read more »
answered on Apr 3, 2022
It definitely matters. With blended families, I recommend a trust. Here's the reason why:
Let's say you have a will that gives everything to the surviving spouse upon your death. The issue is that the surviving spouse can change his will to give assets only to his kids at his... Read more »
My husband died Nov 2020 and I have paypal and other paid subscriptions asking for legal documentation or a copy of the will that identifies the executor of the estate, what do I need to do to get that. My husband did not have any life insurance or major assets other than our home. So there is not... Read more »
answered on Mar 28, 2022
Good afternoon, you will very likely need to go to probate court. I recommend that you hire an attorney to help you with the probate process.
In Texas when one one spouse dies with or without a Will, generally the other spouse will have to go to probate court. If you do not go to probate... Read more »
answered on Mar 26, 2022
It really depends. Was there a beneficiary designation? If this POA person was listed as the beneficiary, then legally the CDs probably belong to that person. You may have a claim if your father instructed the POA person to change the beneficiary and the POA person didn't help make the... Read more »
She also had over ten thousand dollars in her bank account that my older sister has emptied out excep100 dollars ,can she sell the estate ,do I need a lawyer
answered on Mar 11, 2022
Yes, you will need an attorney to represent you in Administration and Heirship proceedings. An administrator for the estate would need to be appointed to have the power to sale property. As for the bank account, the account set up would need to be reviewed to see who owed the account. please feel... Read more »
My father did have a will which has already gone through the probate process. We are doing a stock transfer to my mothers name but we are being told we need a SEA for all accounts to move forward. From what I understand if a will was in place you cannot use a SEA...is this correct? Thanks for your... Read more »
answered on Mar 2, 2022
You are correct. A Small Estate Affidavit, pursuant to Texas statute, may only be used when the person died intestate (without a Will), and then only for non-real estate assets that do not exceed $75,000 in value (except for the homestead, which can be included and of higher value if passing to a... Read more »
The POA is notarized and filed. However, due to the pandemic her will has not been notarized nor filed. Now mother is not able to make any decisions. What can I do to allow her unsigned Will to be upheld in what she wants done after her death? Mother would like for her house to be sold and... Read more »
answered on Mar 1, 2022
It is important the you immediately contact an estate planning attorney to discuss your mother's situation. You can bring the unsigned will to the meeting and the attorney can advise whether or not it has any validity. Additionally, the attorney might be able to provide you some guidance... Read more »
I am the Beneficiary for the investments my ex-wife made she passed away in2019 her executive of the will told me that she gave everything to her Granddaughter I asked for the paperwork and he told me that I was trying to dig up dirt on my ex-wife. Can he override the Beneficiary for investments
answered on Feb 28, 2022
Your divorce eliminated your name as beneficiary on investments. Investments like a mutual fund or stock are allowed to have a "pay on death" or a "transfer on death" designation. Sometimes the accounts will be in both names, with a "right of survivorship". The goal of... Read more »
I live in Texas, I will be inheriting abt $3,000 from my fathers passing back in November. I'm on SSI (
answered on Feb 25, 2022
We are not able to quote services as all cases are different. We would need to speak with you and have a full understanding of what you are needing to give you a correct answer to your question. Please feel free to call our office and schedule a free consultation.
What steps do I need to take?
answered on Feb 21, 2022
The next step would be to probate his estate so that assets can be transferred. Probate of the estate can go a few ways but generally is the probate of a Last Will and Testament, which is the ideal probate, or by submitting an Application for Administration with heirship proceedings if there was... Read more »
Home passed to me automatically thru joint tenants with right of survivorship deed. I want to add a transfer on death deed for when I pass away but believe I have to remove my husbands name from deed before recording a transfer on death deed
answered on Jan 25, 2022
If you have title as the survivor, no further deed conveyance is needed. Your future interest conveyance will need a proper derivation of title clause, and a recorded affidavit would help. Hire a competent TX attorney to draft that deed.
I am trying to find the best financial solution to invest in real estate. I have paid off my house and would like to move in 18 months. I like this house and would like to hold on to it as a rental property. I will need the proceeds, either through the sale of the house, or from obtaining a... Read more »
answered on Jan 24, 2022
Yes, you can place your home into an LLC. I recommend that you meet with a business lawyer to assist you with this process. I also believe you should consider a revocable living trust, because you have homes in separate states. A revocable living trust will allow you to avoid probate court. With... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
