My dad bought a property in TX and we are both in the title. I need to separate that property from marriage community property in case I get divorced. My wife is in agreement with this approach as my dad is the owner of the property and I am just in the title in case he passes. Is this something... Read more »
First, I'd want to know more about how the property was acquired in the first place. Are you sure it's community property? If it was given to only you as a gift even after marriage (eg, because your dad paid for 100% of the land but put you on the deed), it's still likely separate... Read more »
How long does the independent administrator have to distribute proceeds to heirs?
You should ascertain with your own attorney what Texas' Independent Administration statute allows. In my state of Louisiana, it is generally limited to selling estate property without the consent of the judge. It does not affect the proceeds of the sale, which would be distributable to the... Read more »
Generally, no. Is it a mere missepelling? Or is the entire name incorrect?
If a mere misspelling, a scrivner's error, that will not invalidate it. If it is an entirely different name, possibly someone who is not even know by the testator (resulting perhaps from the attorney using... Read more »
Deducted..How long does the administrator have to send to heirs?
You can "demand an accounting" per the Code after the expiration of 15 months from the time the executor was appointed as executor. That's really the first chance you have to flex any muscle. Before that, you can always get a probate attorney to write a letter on your behalf--that... Read more »
If the properties are sold to a third-party, then there would not be real estate to distribute. Are you asking how the money from the sale of the real estate gets transferred to the heirs?
If yes, then the answer is: after the sale, the proceeds are put into an estate account. Then, any... Read more »
I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... Read more »
The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... Read more »
My brothers portion is 12.5% is his portion determined on equity in the house we still owe 142k and is that based on market value on date of death ? Or today’s market
The buy out price is whatever the buyer and seller agree upon. If the co-owners cannot agree, then one of them can take the other to court to force a sale, in which case the court will decide and everyone loses because attorneys' fees and court costs come off the top.
First, you get an agreement from your brother about the value of his interest. Then have a deed prepared by a lawyer, and pay your brother for his interest in the property.
This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?
First, be aware that your niece may also be an heir of your grandmother even if the will was not probated. The oil company may have accepted a certified copy of the grandmother's will filed in the deed records or an affidavit of heirship as evidence of your niece's entitlement to... Read more »
Will the child of the deceased parent be entitled to any proceeds from the sale of the house. The property is in wife and husband's name. Should I contact a lawyer? Thank you.
There is absolutely no way of knowing what the plan of distribution is under a trust without reviewing the trust instrument itself. But if the house is in the names of the two individuals as husband and wife, then that means it is not in the trust and so the terms of the trust do not matter. In... Read more »
The person named to settle an estate in a Will is called an executor. The person named to administer a trust is called a trustee. What someone said or did not say is difficult to prove. However, once submitted for probate, a Will is a public document. Once appointed administrator, an executor... Read more »
There is two properties. One where the diseased reside and the other on county road where he had a business. Is the surviving spouse entitled to life estate on both properties?
As with most things, it depends.
If the deceased person was married with children, And the real estate is separate property, Then the surviving spouse gets a life estate in 1/3 of All the separate property real estate.
If the real estate is community property, And all the children... Read more »
If your father had a Will in which he named you executor, present that to the local probate court. If not, file an Application for Determination of Heirship and Issuance of Letters of Administration. Hire a local probate lawyer to help you.
Aunt wants me evicted. Mom wants me to stay. I cannot upgrade septic for house I own (no land payment agreement from deceased grandmother) or move mobile home onto same acreage without aunt's signature or do anything at all without causing a fuss. What do I do? Its a Ladybird will with no... Read more »
The property owners (your mother and aunt) both have rights to use the property, which include the right to lease it out. If there's a written lease, that will govern who can evict you and why. If there's not, you're a month to month tenant, and the oral lease agreement can be... Read more »
Forensic pathologist reported youngest sibling murder my mother.
A power of attorney expires with the person who granted it.
My mother and her mother is not dividing things up evenly she’s partial to her youngest. I was promised things by my dad but my sister has ended up getting 3/4 of things what can I do
The answer turns on what the Will said. Adopted and born children are both the couple's children under the laws of heirship, which would apply if there was no Will.
From your description, it is not clear that either estate was probated. You may be writing about small items of greater... Read more »
It depends on what the Will says. It is common to state that the children or the siblings of a predeceased beneficiary inherit. It is uncommon to state that the spouse does.
My grandma passed (in Texas 2015) first and then her new husband had changed around everything in the will (when my grandma was sick he got her to sign stuff). He cut multiple family members from my grandmas side out and made his son the executor. When her husband passed (in Texas 2017), the son... Read more »
It's definitely worth having free (or inexpensive) consultation with a probate attorney. I'd recommend trying to schedule a meeting with an attorney that focuses on probate and estate planning law.
You would be an heir to your grandmother's estate, so it's important... Read more »
My mom died last year and left no will. He has created an argument over nothing and feels like he is entitled to everything. He lived with her for a few months last year before he decided that he could no longer care for her and verbally told me I was responsible for her. He decides to come back a... Read more »
Definitely consult a probate attorney. I do think you'll need to involve the probate court so that your inheritance rights are protected. Many probate attorneys offer free or inexpensive consultation meetings.
Your father probably just assumes that everything of your mother's... Read more »
I am a co-trustee of a trust created by my mother and step father. One beneficiary owed a rather large sum to the trust. The beneficiaries have chosen to forgive this debt to the trust. I'm afraid that in the future they will change their minds and take the co-trustees to court to go after... Read more »
You are right to be concerned. My best advice would be to have an attorney help you draw up an iron-clad instrument for the successor trustee and beneficiaries to sign agreeing and consenting to the forgiveness of debt.
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