Get free answers to your Estate Planning legal questions from lawyers in your area.
I am seeking legal assistance to address and potentially change the rights of the current POA and executor for my father's affairs. Since his passing on March 26, 2024, at nearly 103 years old, I've noticed a lack of accountability and transparency from my sister, who was appointed... View More 
answered on Jun 18, 2025
First, with your father's death, the POA is no longer effective. So there is nothing to change now.
Second, to address your sister's actions as executor for your father's estate, you will need to hire an attorney who practices in the area of probate law in or near the county... View More
I have a fully paid-off house that I owned before remarrying. I want to ensure that if either my spouse or I pass away, the house will go to my children, who are 26 and 21, rather than to my spouse's child, who is 15. Should I do any paperwork to protect the house for my kids?
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answered on Jun 17, 2025
You should have a proper will or a trust designating how you want your property to be apportioned upon your death. contact an attorney who specializes in estate planning and they will be able to get you set up with the proper documents.
I have a fully paid-off house that I owned before remarrying. I want to ensure that if either my spouse or I pass away, the house will go to my children, who are 26 and 21, rather than to my spouse's child, who is 15. Should I do any paperwork to protect the house for my kids?
answered on Jun 17, 2025
You can do either a Will or a transfer on death deed (TODD). If you use the house as your marital homestead (vs as a rental home, for example), your spouse will have a life estate in the home if you die first.
My husband's ex-wife is listed on the title of his house, and he wants to leave me his share in a will. They divorced in 2002, and the divorce decree states she's entitled to half the house. Since then, my husband has paid for extensive upgrades, including remodeling the kitchen and... View More
answered on May 27, 2025
Yes, if the Decree awards her half of the residence, she owns an undivided half of the residence. Either she or our husband can file a suit for partition by sale. At that time, the judge can 'adjust the equities' based upon the parties' respective contributions to the taxes,... View More
I hold a valid Durable Power of Attorney (DPOA) and attempted to act as an agent for the principal (my legal name in all caps) to open an account for purchasing assets like a car or house, using security collateral owed to the principal to cover debts. However, the bank has declined my request,... View More
answered on May 27, 2025
It is unclear what you mean by "for the principal (my legal name in all caps)."
A bank or financial institution has various regulations which allow them to honor a POA but also require them to confirm the identity of their customer. A bank may require the principal to confirm... View More
I'm helping my brother in setting up a will in Texas. He wants to appoint me as the executor and wishes to ensure that the proceeds from the sale of his house and land are placed into a trust for his granddaughter, who is his sole beneficiary. Given that there might be disputes, what type of... View More
answered on May 26, 2025
Definitely some sort of trust. Wills are public record when the person dies. Wills are also easier contest, as opposed to trusts.
There are different types of trusts. The most common type is the Revocable Living Trust. If your brother goes with a Revocable Living Trust, he'd have... View More
My son was granted a life estate over his father's estate in the will. However, the will was not probated, and it has been 15 years since my husband's passing. There are other siblings involved as well. All of the assets in the estate are still available and intact, and there have been no... View More
answered on May 16, 2025
Assuming your Husband residing in Texas, the general time limit for probating a will is four years. However, there is a special type of probate (called "muniment of title") that can be initiated after four years. Most Texas courts will allow probate as a muniment of title beyond four... View More
I'm trying to sell my deceased mother's house in Collin County, TX. I am the sole beneficiary listed in her will and trust, and also the executor. The title company requires an heirship affidavit, but I can't find 2 people who knew her within the last 10 years to sign it, and there... View More
answered on May 13, 2025
As a Collin County Probate Attorney, I can say that Collin County Probate Court is often thought of as one of the fastest and easiest probate courts in the entire State of Texas. So, that's really good news!
If the deed to the house shows that the house is already legally owned by the... View More
I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More
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answered on May 10, 2025
No generally you don’t owe anyone debts incurred by your mom. The only concern I would have is if upon admission you inadvertently signed some document accepting liability. I would request that the nursing home send you copies of any document you signing allegedly guaranteeing payment. If they... View More
I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More
answered on May 10, 2025
If you didn't sign anything agreeing to become personally liable, then only your mother's Estate is liable. You don't have to talk with them. If you end up doing a probate of your mother's Estate, then your probate attorney can advise you on how to correctly deal with creditor... View More
I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More
answered on May 12, 2025
Only if you agreed to be personally responsible for such charges.
Your mother, or her estate now that she is deceased, ought to be responsible for such charges. The personal representative of her estate should have paid any of those expenses before distributing any of your mother's... View More
My wife and I have been married for 24 years, living in her original house in Texas. Her only daughter passed away 8 years ago, leaving two children. One of these grandchildren, who lives with his father in Denver, CO, is trying to claim the house after my wife's death. There is no will, and... View More
answered on May 8, 2025
It is unclear from your question what interest in the house you are trying to protect. You do have what are called "widow's rights" which arise regardless of your gender.
A surviving spouse has the right to use and occupy the homestead (family home) for their lifetime,... View More
I have my mother's will and need to file it to change the name on the property. I can't afford an attorney, but I need to obtain a muniment of title. Can I apply for legal aid to help with this process?
answered on May 8, 2025
You can definitely apply for Legal Aid. In our area, that would be Legal Aid of Northwest Texas. If you don't qualify there, reach out to attorneys in your area who focus on probate in Dallas County. The focused attorneys may cost less than a general practice law firm. In fact, many... View More
I am the widow of an inventor who had numerous utility patents. He passed away unexpectedly at 55, and we were married for 15 years. I was unaware of these patents until eight years after his passing. His patents are licensed, and he told me we would be rich, but I didn't understand what he... View More
answered on May 7, 2025
Whether you are owed royalties depends on the language of any agreement signed by you or by your deceased husband permitting others to use the inventions he patented. If someone is using the patented inventions without permission, what constitutes a fair royalty can be one measure of any damages... View More
I am dealing with an issue where the will specifies an even division of my deceased mother's estate among siblings. However, the executor has failed to inform us about the sale of the property and is keeping a large portion of the proceeds. We have raised concerns, but the executor refuses to... View More
answered on May 2, 2025
The executor will have to report the sale of real estate to the probate court and account for the proceeds of the sale. The heirs can obtain this information from the papers the executor must file with the probate court.
My wife passed away intestate in California, and a probate was filed there, along with an ancillary probate in Texas. There is uncertainty regarding the life estate and deed recording. Mineral rights royalties from an oil and gas company have been set up with my name and three children from my... View More
answered on Apr 27, 2025
Yes, you'll likely end up wanting an estates lawyer to review your documents and to advise you. However, if it were me, I'd reach out to a landman first. This may help you get even better results, faster, at a lower cost. Then, after a landman weighs in, then you can get an attorney to... View More
How is it insured all beneficiaries named have received their inheritance as per the wills dictation
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answered on Apr 22, 2025
If, after a reasonable time, the court-appointed executor refuses or delays distributing proceeds to beneficiaries named in the will, the court may order them to distribute or may remove them and replace them with another suitable executor. This will typically require the beneficiary to file a... View More
My husband passed away without a will. We are trying to administer his estate, which includes a primary home (listed as 'a married man'), a boat, two cars, and ranch land in another county in Texas. His daughters, one from a previous marriage and our daughter, are adults, and we are all... View More
answered on Apr 21, 2025
This is actually pretty straightforward, if all three of you are on the same page. You'll want to get a probate attorney to assist you with the probate process called "determination of heirship with independent administration". This will result in the appointment of an independent... View More
In Texas, my father is in the process of creating a will. He has two adult children from previous marriages, and he is adamant that he does not want them to receive any of his assets when he passes. He is still married to my mom, who sometimes overspends, and he wants me to be the executor and take... View More
answered on Apr 21, 2025
He can acknowledge the existence of his two adult children in his Will and leave them nothing.
Be aware that as executor of his Will who do not have the discretion to withhold assets from your mom if she is the beneficiary of his Will. You will have a fiduciary duty upon his death to pay... View More
In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More
answered on Apr 14, 2025
To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More
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