Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More 
answered on Sep 25, 2023
The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More
I'm afraid that my uncle and his girlfriend might have changed the will.
answered on Sep 22, 2023
If you think your father’s will was altered, you should hire a forensic document examiner to examine the original Will to determine if there is any evidence of alteration.
You might also ask the attorney who prepared the will if he kept a draft in electronic format and compare the draft... View More
I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?
answered on Sep 15, 2023
I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough... View More
The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.
answered on Sep 14, 2023
I agree with the previous answer. If it's possible the pastor doesn't know about the heir, it could be that the pastor thought the pastor was actually doing the right thing.
Aside from that, you should definitely consult with a probate attorney ASAP. You probably want to file in... View More
The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.
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answered on Sep 18, 2023
I also agree with setting a meeting with the pastor to determine what he knows and maybe take proof if you have any of your relationship. Also agree that you will want to meet with a probate attorney as soon as possible. If you are aware of a will provide any information you have. When you meet... View More
My grandpa from Texas passed a year ago. I am the sole beneficiary, but my great aunt was listed as the executor. I am in California and she is in Michigan. I wanted to put myself as executor. A friend of my grandpa’s in Texas misunderstood this and put herself as executor.
My grandpa had... View More
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answered on Aug 28, 2023
When an item of tangible personal property (such as an RV) that secures a loan is repossessed because the loan is in default, the lender typically auctions the repossessed item and applies the proceeds to the balance due on the loan. Typically the proceeds are not sufficient to pay the balance... View More
Is there a trust that would have avoided this?
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answered on Aug 25, 2023
In Texas, there are various types of trusts that could potentially help protect assets like a house from being counted as part of a person's assets when determining eligibility for government assistance programs like Medicaid. One commonly used trust for this purpose is an irrevocable Medicaid... View More
I have a civil Judgment that that wont go away with bankruptcy. I have no money, no income or assets. This person who sued me knows all of this but some how managed to get a large judgment of like $500,000 against me. I believe this person did this because they know I am set to get a large... View More
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answered on Aug 17, 2023
Hire a competent TX attorney to get advice on asset protection. There are numerous methods to protect most if not all that possible inheritance. A transfer to an off shore situs trust is the best method, but many simpler approaches may work for you. Texas has an excellent Homestead for... View More
My sister has made it a point to hire her family friend to probate the will and didn't include me for some reason. Is there something for her to gain by doing this? And I have yet to receive a copy of the will. I do know that she is entitled to half of everything and the other half is to be... View More
answered on Aug 3, 2023
This is why you should have an attorney help you. Your attorney could help get a copy of the will AND make sure that the executor follows the law.
Just to do the above, the cost is actually usually pretty low. So, I'd recommend reaching out to an attorney in the area where the... View More
My sister has made it a point to hire her family friend to probate the will and didn't include me for some reason. Is there something for her to gain by doing this? And I have yet to receive a copy of the will. I do know that she is entitled to half of everything and the other half is to be... View More
answered on Aug 7, 2023
According to Texas Estates Code 351.101, an executor or administrator of an estate has a duty of care to take care of estate property as a prudent person would take care of their own property.
Additionally, Texas Estates Code 404.001 states that an independent executor who defends an... View More
My mother did not trust my sister for full POA, before she passed she wanted me to cover the estate, the problem is I do not live in Texas so I couldn't according to Texas law. Now that she has passed the sister is trying to get me to sign a waiver and appoint her administrator, she has been... View More
answered on Jul 21, 2023
You have two separate issues.
Regarding the probate issue, as an heir at law, you can object to your sister's appointment as the administrator of your mother's estate. If you don't sign the waiver, they'll just serve you. If you don't respond, your sister will be... View More
Would a Quitclaim deed be acceptable? Will there be problems with Medicare trying to confiscate the house from me later?
answered on Jul 20, 2023
I'm sorry you find yourself in this situation. Unless your mother named you on a durable power of attorney as her agent I don't think any conveyance of real property would be proper. If you are her named agent on a durable power of attorney then confirm the right to convey property is a... View More
Estate REALLY should be over $1.8 million. Trustee has refused formal accounting for 12 years. Tricked me into signing over POD accounts and life insurance disbursements owed directly to me. And NUMEROUS other documented breaches.
answered on Jul 17, 2023
While it would be rare for an attorney to accept such a case on a contingency fee, attorneys who do accept such cases are likely to require a 40% or 33-1/3% contingency fee. This fee would usually be calculated after the attorney is reimbursed for any case expenses incurred in the litigation... View More
answered on Jun 7, 2023
Generally, the owner of the property must sign a deed that would transfer all or a portion of the property to you. If the owner is deceased, this could be done through a regular probate proceeding, where a personal representative of the estate would be authorized to distribute the home from the... View More
Can a company legally keep all important information about Benefits, deferred compensation retirement agreement from the widow he had been married to and still together when he was suddenly killed in an accident. Is it legal for the Company to hide investment accounts, employment agreement... View More
answered on Jun 7, 2023
Depending on the facts and circumstances, it is probably not legal for a company to hide the deceased employee’s private documents concerning such matters from his widow. It is more typical for an employer to release the employee’s personal effects and documents which the employee may have... View More
At the time of his death, he had actually not been living at home, he had a small apartment. She stayed in his house. Nobody was ever told anything about him transferring the house and land to her but apparently he did using a Quit Claim Deed. He died in October but the deed was filed the following... View More
answered on May 8, 2023
It depends on facts not within your question.
If your father executed the deed and delivered it to his girlfriend with the intent to convey ownership to her prior to his death, but it simply wasn’t recorded until after his death, then it is most likely the girlfriend owns the property.... View More
My father has late-stage Alzheimer's. He remarried before the disease to my stepmother. Since he has been in a memory care home she has purchased a different home than the one they lived in together. At first, the new home was in her name only. However, recently she changed the names on deed... View More
answered on May 3, 2023
Without knowing the specific details of your father's and stepmother's situation and intentions, it's difficult to provide a definitive answer.
There could be several reasons for changing the names on the deed, some of which include:
Estate planning purposes: Your... View More
answered on May 3, 2023
enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... View More
I’m in the middle of buying a house. The seller was told she had to turn in an Affidavit of Heirship it has already been sent out to sign and to appoint someone as the trustee. I’m trying to see is this something that takes month, couple weeks, or something that can be done in a few days?
answered on May 3, 2023
The time it takes to form a new trust and appoint a trustee can vary depending on the specific circumstances and complexity of the trust. The process could take anywhere from a few days to several weeks, depending on the complexity of the trust and the availability of the parties involved.... View More
I’m an investor and every seller has to do an Affidavit of Heirship. I’m wanting to know do lawyers sell AOH and Deed templates? If you are one can you tell me the price estimate it will be?
answered on May 3, 2023
The Affidavit of Heirship form is promulgated by the Texas legislature, and it is important to use the correct form for your jurisdiction. Providing legal advice or helping someone complete an Affidavit of Heirship without a license to practice law in the relevant jurisdiction would be considered... View More
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