Texas Estate Planning Questions & Answers
Q: My mother passed away as a citizen of Puerto Rico without a will. Both her and my father are in the deed to the house.
Terry Lynn Garrett's answer
As residents of Puerto Rico, your parents are also U.S. citizens. In most U.S. jurisdictions the home is likely to pass to the surviving spouse. Your father should consult a probate attorney in Puerto Rico.
As residents of Puerto Rico, your parents are also U.S. citizens. In most U.S. jurisdictions the home is likely to pass to the surviving spouse. Your father should consult a probate attorney in Puerto Rico.
Q: My dad wants 2 sell me his home below FMV, & continue 2 live with us. Tax implications? Any better options?
2 Answers
| Asked
in
Estate Planning, Tax Law and Real Estate Law
for
Texas
on
Answered on Mar 2, 2019
Answered on Mar 2, 2019
Terry Lynn Garrett's answer
It might be better for him to transfer it to you effective on his death using a transfer on death or a Lady Bird Deed. If he makes any transfer of $200 or more for less than fair market value in the five years before he enters a nursing home (or hospital followed by a nursing home) and then, like 90+% of Texans, applies for Medicaid, Medicaid will treat him as still having the difference between the fair market value and the transfer/sale price. He won't qualify until he has been in the...
It might be better for him to transfer it to you effective on his death using a transfer on death or a Lady Bird Deed. If he makes any transfer of $200 or more for less than fair market value in the five years before he enters a nursing home (or hospital followed by a nursing home) and then, like 90+% of Texans, applies for Medicaid, Medicaid will treat him as still having the difference between the fair market value and the transfer/sale price. He won't qualify until he has been in the...
Q: AUNT IS TRUSTEE / EXECUTOR OF ESTATE. I AM NAMED AS A BENEFICIARY. HOW LONG MUST I WAIT BEFORE RECIEVE MY PART
Terry Lynn Garrett's answer
That depends on how long it takes the executor to collect the property and pay the debts (including filing the final income tax return). 15 months after the executor is appointed by the court you may request an accounting. If there is no distribution 24 months after the executor is appointed, you may ask to remove her. Nationwide, the average time to settle an estate is two years. This one may or may not take longer.
That depends on how long it takes the executor to collect the property and pay the debts (including filing the final income tax return). 15 months after the executor is appointed by the court you may request an accounting. If there is no distribution 24 months after the executor is appointed, you may ask to remove her. Nationwide, the average time to settle an estate is two years. This one may or may not take longer.
Q: I am the Executor and heir to the decedent's estate in Texas. I have a Deed (unrecorded) to property. There is a will.
Terry Lynn Garrett's answer
You cannot sell property you do not own. A recorded deed is evidence of ownership. If the deed is recorded before death, the property passes by deed, not by Will.
If the person granting the deed has already died, maybe the title company will advise you to record Affidavits of Heirship to transfer the property. But you may need to present the Will for probate.
Please note that the Texas Estates Code requires that a Will be presented for probate (proving) within 30 days...
You cannot sell property you do not own. A recorded deed is evidence of ownership. If the deed is recorded before death, the property passes by deed, not by Will.
If the person granting the deed has already died, maybe the title company will advise you to record Affidavits of Heirship to transfer the property. But you may need to present the Will for probate.
Please note that the Texas Estates Code requires that a Will be presented for probate (proving) within 30 days...
Q: My father committed suicide in 2006 & left No will how can we get my moms name on the deed or sell it?
Terry Lynn Garrett's answer
If your father's only children are also your mother's children, ask two people who can witness to this sign an Affidavit of Heirship before a notary public and record it in the county deed records.
If your father's only children are also your mother's children, ask two people who can witness to this sign an Affidavit of Heirship before a notary public and record it in the county deed records.
Q: If I create a trust as a Texas resident, then move to AR, is it still tax exempt?
Terry Lynn Garrett's answer
It is not clear what kind of trust you contemplate creating and what taxes (income, gift, estate, generation skipping transfer) you hope it will not have to pay.
It is not clear what kind of trust you contemplate creating and what taxes (income, gift, estate, generation skipping transfer) you hope it will not have to pay.
Q: I need an authorization for my granddaughters estate although she had no estate or bills or amounts due for w-2s
Tammy Lyn Wincott's answer
Please clarify what it is you need as I'm not understanding the question as is.
Please clarify what it is you need as I'm not understanding the question as is.
Q: can a family member give a Notice To Quit when I don't pay rent.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Landlord - Tenant
for
Texas
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Q: what does she need to do now?
Terry Lynn Garrett's answer
If your friend thinks she is in further need of legal representation, she should contact the local probate court. Lawyers have a form to file with the court when they take over a deceased lawyer's practice. If this is a dependent administration, there are further steps she must take. If this is an independent administration, she should at least get a Receipt and Release in exchange for the checks. She must also file the 1040 and perhaps a 1041.
If your friend thinks she is in further need of legal representation, she should contact the local probate court. Lawyers have a form to file with the court when they take over a deceased lawyer's practice. If this is a dependent administration, there are further steps she must take. If this is an independent administration, she should at least get a Receipt and Release in exchange for the checks. She must also file the 1040 and perhaps a 1041.
Q: if my husband dies without a will can his daughter come in and take stuff out of my house that was there before.
Tammy Lyn Wincott's answer
I suggest your husband have a will prepared that gives specific items to specific people if that is how he wants them to pass.
I suggest your husband have a will prepared that gives specific items to specific people if that is how he wants them to pass.
Q: I'm a home healthcare provider in 2013 my client died. Before her death i helped her find her 2 nieces. And she revised
Terry Lynn Garrett's answer
Take the more recent Will to a local probate lawyer and ask him to contact the nieces. It is more difficult to straighten things out at this late date but may not be impossible.
Take the more recent Will to a local probate lawyer and ask him to contact the nieces. It is more difficult to straighten things out at this late date but may not be impossible.
Q: What can I do if my family is keeping my trust a secret from me??
Terry Lynn Garrett's answer
In Texas if you are 25 or older and a current beneficiary (not someone who might receive benefits in the future), the trustee must give you an annual accounting. If you know that the trust exists and know who the trustee is and know that you are a current beneficiary and are 25 or older, you can demand an accounting and, if it is not produced, hire an attorney to file a Motion for an Order to Show Cause ordering the trustee to explain to a judge why the annual accounting has not been produced.
In Texas if you are 25 or older and a current beneficiary (not someone who might receive benefits in the future), the trustee must give you an annual accounting. If you know that the trust exists and know who the trustee is and know that you are a current beneficiary and are 25 or older, you can demand an accounting and, if it is not produced, hire an attorney to file a Motion for an Order to Show Cause ordering the trustee to explain to a judge why the annual accounting has not been produced.
Q: I Don’t believe you understood my question. He’s Not Dead Yet! He is very wealthy and of course he has a will.
Terry Lynn Garrett's answer
Paternity is more easily established while a person is alive. If your daughter is a minor or disabled and you seek child support, there is a reason to seek a formal declaration of paternity and, if the father is unwilling, a paternity test.
Until the Will is submitted for probate, your daughter will not know whether she wants to contest it.
Paternity is more easily established while a person is alive. If your daughter is a minor or disabled and you seek child support, there is a reason to seek a formal declaration of paternity and, if the father is unwilling, a paternity test.
Until the Will is submitted for probate, your daughter will not know whether she wants to contest it.
Q: My father died in the nursing home in Iowa due to my uncle's negligence
1 Answer
| Asked
in
Estate Planning, Personal Injury, Nursing Home Abuse and Wrongful Death
for
Texas
on
Answered on Dec 19, 2018
Answered on Dec 19, 2018
Q: I need to know how to find the standings of a litagation and possibly estate probate case .
1 Answer
| Asked
in
Civil Litigation, Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Dec 16, 2018
Answered on Dec 16, 2018
Terry Lynn Garrett's answer
Check with the probate court (which may be the county court) where the estate is being probated.
Check with the probate court (which may be the county court) where the estate is being probated.
Q: Who has the right of inheritance if no will and only survivors are maternal cousins or deceased spouse niece?
Terry Lynn Garrett's answer
If there no spouse, parents, children or siblings survive, uncles and aunts and then first cousins by blood (not marriage) will inherit. In the right circumstances, even second cousins can inherit, as can those further removed. Ask a Texas attorney to file an Application for Determination of Heirship and Issuance of Letters of Administration.
If there no spouse, parents, children or siblings survive, uncles and aunts and then first cousins by blood (not marriage) will inherit. In the right circumstances, even second cousins can inherit, as can those further removed. Ask a Texas attorney to file an Application for Determination of Heirship and Issuance of Letters of Administration.
Q: Can a family member have power of attorney over an estate if they have a felony charge on their record?
Terry Lynn Garrett's answer
A Power of Attorney becomes ineffective when the person who granted it dies: you cannot act as agent for someone who, being dead, cannot give you directions. No one can use a Power of Attorney to handle an estate. An executor or administrator must be appointed by the court to handle it. That person can be a felon IF all their rights have been restored.
Someone can appoint a person with a felony conviction to be their agent under a Power of Attorney while they are alive. Today a...
A Power of Attorney becomes ineffective when the person who granted it dies: you cannot act as agent for someone who, being dead, cannot give you directions. No one can use a Power of Attorney to handle an estate. An executor or administrator must be appointed by the court to handle it. That person can be a felon IF all their rights have been restored.
Someone can appoint a person with a felony conviction to be their agent under a Power of Attorney while they are alive. Today a...
Q: When a relative has guardianship over an incapacitated elder US citizen. What is the jurisdiction regarding US assets
Terry Lynn Garrett's answer
If the assets are real property, the courts of the state where they are located have jurisdiction.
If the assets are real property, the courts of the state where they are located have jurisdiction.
Q: My parents died. Fa had no will, no will 2 me. Her will probated title com say heirs have 2 sign fa portion 2 me.
1 Answer
| Asked
in
Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Dec 2, 2018
Answered on Dec 2, 2018
Terry Lynn Garrett's answer
Hire a local probate lawyer to file a suit for partition. If no one can buy everyone else out, the property must be sold. Everyone will then get their share in money.
Hire a local probate lawyer to file a suit for partition. If no one can buy everyone else out, the property must be sold. Everyone will then get their share in money.
Q: My father passed & had 2 side by side lots with houses. The smaller was to go to to my sister but Will has wrong lot #.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Texas
on
Answered on Nov 30, 2018
Answered on Nov 30, 2018
Terry Lynn Garrett's answer
You could ask a probate attorney to seek a declaratory judgment correcting the scrivener's error in the Will.
If everyone is in agreement, you could file correction deeds.
You could ask a probate attorney to seek a declaratory judgment correcting the scrivener's error in the Will.
If everyone is in agreement, you could file correction deeds.
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