During the marriage a spouse can write to the plan administrator waiving his or her right to inherit 401k or similar benefits. Be sure to send the letter CM RRR and keep a copy.
If a company pension is involved, not a 401k, check with the pension plan administrator.
My father had two siblings, my uncle and Aunt and they all inherited land and houses from my grandparents. Recently my aunt and uncle sold the land and houses. Was any of that supposed to go to my dad or were we supposed as his children entitled to disbursement .
If the land and houses they sold included your father's inheritance, ordinarily his share should have gone to him and, if he died, to his beneficiaries under a Will or, if he had no Will, to his heirs at law. The answer could be different based on the language in your grandfather's Will.
So my cousin just passed and her house was put in hers, her sons and my moms name. Her son has warrants and will most likely be in prison for a few years. So I'm wondering if my mom get's the house if he is locked up? Does she pay him his part even though he is locked up?
Update:
We... Read more »
The fact that one of the people on the deed is locked up will not prevent him from owning that share. Your mother could purchase his share from him, yes. She should have a real estate attorney help her with this.
There is also the question of what happened to the decedent's interest. If... Read more »
What if I were to want to leave property to my children equally, but when they also pass away, have them leave what was inherited from me to their living siblings first and not their spouses, children, etc. Is that an option?
Yes that is possible. An estate planning attorney can help you accomplish your goals.
Who left on gradchild, the property is under $100,000 Can I do a small affidavit succession
If your mother has already filed a succession, aren't you too late?
In my experience the answer is yes. Debt incurred during the marriage is community debt. I have had creditors agree in writing that they discharge any claim against the estate and will only seek payment from the surviving spouse. You should definitely be working with an attorney if you are... Read more »
My father lived and died in Waco Texas. He died on September 9, 2019.
While some people deposit their will with the local probate court, most do not. Most people die without a will. If you have thoroughly searched your father's home an if he did not have a safety deposit box in which he might have put it, chances are good that he had no will.
Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical and... Read more »
You can hire an Approved Guardianship Attorney and apply to become his guardian yourself. Usually no guardian is needed if there is a valid Medical Power of Attorney and a valid Durable Power of Attorney. But from your description, someone may need to take away the keys, regularly check on your... Read more »
I want to buy the condo and was not sure if she can when it's still in his name. She is owner financing it for me and I got a contract drawn up but want to be sure it would be legal for her to be named as the seller or does the name of the owner be changed to her before executing the contact
If the Will was admitted to probate as a Muniment of Title, the Order admitting it should be filed in the deed records. If not, a Distribution Deed from the estate to the beneficiary should be recorded. Without one or the other of these, your mother has no legal authority to sell the property to... Read more »
She was hallucinating she & HER son had no relationship my kids &I lived with her until they grew up now she had left almost everything to my kids & me my brother was very jealous of the fact my momma allowed us to live at her house she did everything for my children she did nothing at all for his... Read more »
That is very sad situation. There were legal remedies but it might possibly be too late for you to pursue them. Take all of your facts and documentation to a will contest attorney in your area to see if there is anything left that you can do. Do not delay any longer as time is of the essence.
Mother was in a nursing home on Medicaid and was supposed to have her estate released to D.A.D.S upon her death. It has been 3 1/2 years and they never took properties to my knowledge. My sister is the executor and does not want to let me know what is going on. We are now being sued by the... Read more »
15 months after an executor is appointed any beneficiary can request an accounting. It is due within 60 days. 24 months after an executor is appointed a beneficiary who has not received a distribution can petition the court to remove the executor (assuming there is something to distribute).... Read more »
The house was left to my aunt, never probated the will. Can my mom kick me out
The will needs to be probated otherwise it's not valid. Until then the house passes according to Texas laws of intestate.
There are no living parents, children, spouse, nor maternal or paternal grandparents. The two half sisters have been involved in the decedent's life with great relationships most of his life.
Half sisters inherit, regardless of their social relationship with the decedent.
Disabled veteran, no will, 1 sibling I can't find
Click "Find a Lawyer" above and contact a probate attorney in your area.
Do you have to have a basis for valuation?
Executrix is the daughter of the decedent, however they have been estranged for years. She is claiming an 800,000.00 estate. How can she claim a number out of thin air? The real story is her husband attorney changed the Will to the benefit of... Read more »
It isn't illegal to be wrong about the value of assets. Amended inventories and accountings are filed when necessary. Beneficiaries can file complaints with the court and object to valuations recited in an inventory or accounting. I need more context to understand why or how the personal... Read more »
She wants to take out her husband's name out and only have it under her name.
She needs to either probate his Will or have an intestate proceeding, such as Petition to Declare Heirship, etc.
I'd be happy to help if you/she needs it. Have her call me.
Received a letter from law firm stating if I was the prior deed holder, I had 3 days to vacate the premises. I guess I need guidance as to who what and where I’m supposed to go or do now Also would like to know about any known resources and rights I actually have concerning this I am trying... Read more »
You need to search for resources in the area you live in as soon as possible. It is possible for the Sheriff to come evict you at any time. Try your local city government, city councilman, salvation army, area council of government, churches, veteran's groups, etc.
I have copied and edited a will/last testament, power of attorney and medical directive from online to fit my situation. I can file them with the county clerks office. Do I still need a probate attorney?
Your Medical Power of Attorney and Advance Directive to Physicians and Surrogates should be given to your physicians and the people they name. Your Durable Power of Attorney should be filed in the deed records of the county in which any real estate it governs is located. Some county clerks do... Read more »
Because my mom still alive and has 2 living children is it legal for my deceased sister to leave her husband in charge of my living mothers money
It is not clear what "in charge" means in your description. If your mother appointed your stepsister her agent under a Durable Power of Attorney, that document might or might not give your stepsister the authority to appoint a successor agent.
Dad got lost while out driving and wound in a strange place. He wound up I'm a hospital, then into a short term facility and then went to a long term place and we are paying the bill for it.
In Texas a Durable [Financial] Power of Attorney is the document your father would have signed to name and grant an agent the power over his finances needed to access his bank account, sell his property and pay for his care. If your father did not sign that document while he had capacity to do so.... Read more »
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