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Texas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Family Law and Probate for Texas on
Q: Can a Estate be over turned ?

my father just died i had to pay all the funeral but my half sister and her oldest sister were given an estate of my child home my mother gave me after she past 12yr ago and i have the first deed when they purchesed it ,after she past my dad was pretty much homless so i let him stay with me and... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 21, 2022

You need to act fast. You should go get a copy of the Estate Paperwork, etc. They may have been required to serve you, and didn't, or created some other legal issue. However, if you do not get it all straight, you may lose anything you should have received. It sounds like you had at least 1/2... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: An Alaska lawyer "forgot" to mail me the $13K trust check from sale of my father's land. Can I file a complaint?

This was excess funds from his land being sold to pay back taxes. I had to hire the lawyer to set me up as executor. His fee came out of the excess funds and he was to then send me a check of the remaining. It had been two weeks since he said the check would be mailed. When I inquired, he said the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 14, 2022

That is possibly embezzlement or conversion by the lawyer entrusted with the sale proceeds. You should report him to the Alaska Bar. Check the internet for the regulatory agency, or call the

Governor's Office for assistance. That kind of stealing makes all real lawyers look bad.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: How do I get unclaimed assets that are pertained to me. I have lost my entire family over a 3 year span

I am from fort worth, and the unclaimed assets are there. However I am currently in tulsa Oklahoma

Isaac Shutt
Isaac Shutt
answered on Jun 13, 2022

It depends on the value of the unclaimed property. If the unclaimed property is just some money that has been deposited with the Texas Unclaimed Funds Registry and it's not very much, you can file a claim directly with the State of Texas Unclaimed Funds Registry.

If it's other...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I Remarried my ex-wife. Does the will we had from our first marriage remain in effect ?
Scott D Reiner
Scott D Reiner
answered on Jun 8, 2022

The effect divorce has on an existing will is to read the spouse out of the will. There may be some ambiguity though as, while the law provides for reading-out, it also provides for reading-in in the event of a marriage after an existing will (e.g. unless new will made after marriage that excludes... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: One of the beneficiaries died and did not have a will. Who does the executor need to contact to notify of inheritance?

We are at the point where probate has been done and assests are being collected. One of the beneficiares died and did not have a will, so we do not know who to contact to notify of where we are in the process and what the inheritance contains.

Scott D Reiner
Scott D Reiner
answered on Jun 8, 2022

Was there an heirship proceeding or estate opened for the beneficiary who passed? Their estate representative may be the one to contact. Texas law also provides that if the devisee is a descendant of the testator or testator's parents then the gift goes to their heirs.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Texas on
Q: My wife has a guardianship over me. I am 72 and had a kidney infection. How do I get rid of guardianship.

I can provide psychological and medical documentation that it is no longer needed. My wife will not comply. Is divorce necessary. Is it the only way. I have a paid for house and some land. She wants it evidently. She has me in a nursing home. I want out of the nursing home and guardianship and... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 31, 2022

Hire a TX attorney to file a Motion to Terminate the Guardianship, with a possibility of an Accounting.

1 Answer | Asked in Estate Planning, Personal Injury, Real Estate Law and Landlord - Tenant for Texas on
Q: What can I do about mold in my apartment if the complex refuses to acknowledge it?

When we first told them we have mold, they said it wasn’t mold but sprayed mold killer. We told them again and they are still saying it’s not mold but my kids have seen multiple doctors who all say that they are being affected by mold. I’ve shown pictures to them and everyone says that it is... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on May 29, 2022

Ask your local health department to come out and investigate.

1 Answer | Asked in Estate Planning for Texas on
Q: How do I give him my home without any future risks? Like, he dies and wife inherits. Co-owner? How to add to him deed?

I'm trying to figure out what the best option is. My son and his wife will make the many costly repairs needed on my home and pay the $25,000 worth of back taxes on it. Is there a way that my son can be part owner before my death, without complications? Or must the deed be done now & state... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 30, 2022

There are a few tools that can be used to help achive your goal of transferring the property to your son, while protecting it from the risk of a bad marriage or divorce later.

It would not cost much but there are special deeds, including a Life Estate, that can do what you want....
Read more »

1 Answer | Asked in Contracts, Family Law, Probate and Estate Planning for Texas on
Q: How do I prove i signed a will under false pretenses ?

Back in October of last year, my partner was diagnosed with cancer, His daughter came to where we reside and had been discussing power of attorney with me and I said yes I would let her be responsible for his healthcare should his condition worsen after his surgery. My partner was at a hotel and... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 14, 2022

Wills can be revoked. The easiest way to revoke them is to get them back and burn or shred them. I suspect that will be difficult to impossible in your case, however, so you will have to use the other method, which is to do new wills that expressly revoke all prior wills. Then entrust them to... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: Last Will & Testament vs Trust?

my hubby & I married into a blended fam; We created a will together plus wrote specific instructions bout dividing, distributing assets, and property and had signed in front of a notary.

Is that enough or should we have done a Trust?

Is a Trust better than a Will?

Does... Read more »

Isaac Shutt
Isaac Shutt
answered on Apr 3, 2022

It definitely matters. With blended families, I recommend a trust. Here's the reason why:

Let's say you have a will that gives everything to the surviving spouse upon your death. The issue is that the surviving spouse can change his will to give assets only to his kids at his...
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3 Answers | Asked in Estate Planning and Family Law for Texas on
Q: Paypal and others asking for legal documentation or a copy of the will that identifies the executor of the estate

My husband died Nov 2020 and I have paypal and other paid subscriptions asking for legal documentation or a copy of the will that identifies the executor of the estate, what do I need to do to get that. My husband did not have any life insurance or major assets other than our home. So there is not... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Mar 28, 2022

Good afternoon, you will very likely need to go to probate court. I recommend that you hire an attorney to help you with the probate process.

In Texas when one one spouse dies with or without a Will, generally the other spouse will have to go to probate court. If you do not go to probate...
Read more »

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1 Answer | Asked in Estate Planning for Texas on
Q: Can a POA and the Beneficiary on my father’s CD be sued for not dividing the CD among the three daughters per my father
Isaac Shutt
Isaac Shutt
answered on Mar 26, 2022

It really depends. Was there a beneficiary designation? If this POA person was listed as the beneficiary, then legally the CDs probably belong to that person. You may have a claim if your father instructed the POA person to change the beneficiary and the POA person didn't help make the... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom passed away Jan 26 2022 ,she didn't have a will,she has 4 children and no spouse ,she owned a home ,do I need a l

She also had over ten thousand dollars in her bank account that my older sister has emptied out excep100 dollars ,can she sell the estate ,do I need a lawyer

Todd Alan Marquardt
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Todd Alan Marquardt
answered on Mar 11, 2022

Yes, you will need an attorney to represent you in Administration and Heirship proceedings. An administrator for the estate would need to be appointed to have the power to sale property. As for the bank account, the account set up would need to be reviewed to see who owed the account. please feel... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: Is a Small Estate Affidavit only to be used if the deceased did not have a will?

My father did have a will which has already gone through the probate process. We are doing a stock transfer to my mothers name but we are being told we need a SEA for all accounts to move forward. From what I understand if a will was in place you cannot use a SEA...is this correct? Thanks for your... Read more »

Paul Premack
Paul Premack
answered on Mar 2, 2022

You are correct. A Small Estate Affidavit, pursuant to Texas statute, may only be used when the person died intestate (without a Will), and then only for non-real estate assets that do not exceed $75,000 in value (except for the homestead, which can be included and of higher value if passing to a... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: I have 86 year old mom that has now been diagnosed with dementia. I am her POA of her medical, financial accounts.

The POA is notarized and filed. However, due to the pandemic her will has not been notarized nor filed. Now mother is not able to make any decisions. What can I do to allow her unsigned Will to be upheld in what she wants done after her death? Mother would like for her house to be sold and... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 1, 2022

It is important the you immediately contact an estate planning attorney to discuss your mother's situation. You can bring the unsigned will to the meeting and the attorney can advise whether or not it has any validity. Additionally, the attorney might be able to provide you some guidance... Read more »

1 Answer | Asked in Securities Law and Estate Planning for Texas on
Q: Can the executive of a will over ride the Beneficiary for investments

I am the Beneficiary for the investments my ex-wife made she passed away in2019 her executive of the will told me that she gave everything to her Granddaughter I asked for the paperwork and he told me that I was trying to dig up dirt on my ex-wife. Can he override the Beneficiary for investments

Paul Premack
Paul Premack
answered on Feb 28, 2022

Your divorce eliminated your name as beneficiary on investments. Investments like a mutual fund or stock are allowed to have a "pay on death" or a "transfer on death" designation. Sometimes the accounts will be in both names, with a "right of survivorship". The goal of... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: How do I set up a special needs trust account to receive a $3,000 inheritance and, how much does it cost to do myself?

I live in Texas, I will be inheriting abt $3,000 from my fathers passing back in November. I'm on SSI (

Todd Alan Marquardt
PREMIUM
Todd Alan Marquardt
answered on Feb 25, 2022

We are not able to quote services as all cases are different. We would need to speak with you and have a full understanding of what you are needing to give you a correct answer to your question. Please feel free to call our office and schedule a free consultation.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My father just passed away and I am his only biological child. So, in the matter of his belongings/estate there is only

What steps do I need to take?

Todd Alan Marquardt
PREMIUM
Todd Alan Marquardt
answered on Feb 21, 2022

The next step would be to probate his estate so that assets can be transferred. Probate of the estate can go a few ways but generally is the probate of a Last Will and Testament, which is the ideal probate, or by submitting an Application for Administration with heirship proceedings if there was... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: How to remove my deceased husband’s name off our homestead residence.

Home passed to me automatically thru joint tenants with right of survivorship deed. I want to add a transfer on death deed for when I pass away but believe I have to remove my husbands name from deed before recording a transfer on death deed

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2022

If you have title as the survivor, no further deed conveyance is needed. Your future interest conveyance will need a proper derivation of title clause, and a recorded affidavit would help. Hire a competent TX attorney to draft that deed.

2 Answers | Asked in Banking, Business Formation, Estate Planning and Real Estate Law for Texas on
Q: Can I get a loan for my current house, place it in LLC, rent it out, and use the money from the loan to buy a new house?

I am trying to find the best financial solution to invest in real estate. I have paid off my house and would like to move in 18 months. I like this house and would like to hold on to it as a rental property. I will need the proceeds, either through the sale of the house, or from obtaining a... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 24, 2022

Yes, you can place your home into an LLC. I recommend that you meet with a business lawyer to assist you with this process. I also believe you should consider a revocable living trust, because you have homes in separate states. A revocable living trust will allow you to avoid probate court. With... Read more »

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