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Texas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Texas on
Q: Wells Fargo Bank failed to give a clear home title and now I can't sell the house. What are my options?

Adverse Possession?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 7, 2022

There are way too many missing facts for any attorney in this forum to be able to answer your question. You should gather up as much information as you do have and schedule a consultation with a real estate attorney in your area.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: Does POA give me the right to keep one of my dad's daughters away?

I have durable POA and medical POA. My dad's daughter recently started taking him to appointments and taking him out. Then I found out that she added herself to his bank and was controlling his money.. Do I have the power to keep her away from him? If I don't, what can I do to keep her... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 19, 2022

It depends on what the POA states, Find out id your dad knows she put her name on his account, You may want to open a new bank account for him,

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mother is battling cancer and her memory is not so well. I am her daughter and I have guardianship durable POA.

There is a family battle for Durable Power of Attorney, Guardianship and Executor. I am primary on all things as of this moment but my mothers mind and memory is getting worse by the week so other family members have stated that if they get her alone then they will have her sign and have notarized... Read more »

John Michael Frick
John Michael Frick
answered on Nov 7, 2022

Given your mother's deteriorating condition and the threat of other family members to have her sign another POA, your best course of action is probably to petition a probate court for temporary or permanent guardianship of your mother.

That will probably be less expensive and more...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: My mother and brother are both disabled and live together in Texas. Mother is very I'll and we are trying to plan

There is a mortgage on the home and both are on it but my mother wants to leave her half of the interest and equity to me. Is this possible with a mortgage debt still on the home?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 7, 2022

Yes, your mother can leave her half to you even if the home has a mortgage on it. If she does that, then after she passes you and your brother will need to keep making the mortgage payments on the house lest the bank foreclose. In the end, you and your brother will probably end up selling the... Read more »

2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: My grandpa bought his house and is in his name only, before he married his wife of 25+ years.

They are now in the process of a divorce. But I'm not so sure he will live long enough before the divorce is finalized. He wants to leave his house to me only. What do I need to do to ensure this happens?

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 3, 2022

He can have a Will or Trust drafted in his name detailing his wishes. Whatever interest he owns in the home after the outcome of the divorce can transfer to you upon his death.

If his wife retains or it is determined she owns an interest in the home, she may be able to live in the home...
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1 Answer | Asked in Estate Planning, Arbitration / Mediation Law and Probate for Texas on
Q: My half-brother passed away with assets in a Trust. I feel like the family has not been honest with us. Please help.

The Trust contained his home, a couple IRA accounts (they informed us of these), and a parcel of land that is leased out. His home is still listed under the Trust. We found it named in property tax records. We don't know who holds the Trust and we don't know if the Trust was amended after... Read more »

John Michael Frick
John Michael Frick
answered on Nov 3, 2022

It sounds like the attorney stopped communicating with you because he has a conflict of interest. If the attorney previously performed legal services for your half-brother related to the trust, he quite likely does have such a conflict and should not communicate with you.

You should hire...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Mother passed away in 2021 in Texas, she had no physical property, just life insurance of $110,000, how do I file this?

3 adult children, one is under the Guardianship of the state, the other one has agreed to one person controlling the estate and dividing out.

Beneficiary passed away June of 2021, she passed Sept of 2021.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Oct 30, 2022

The life insurance goes to the beneficiary . Call the life insurance and see who the beneficiaries are . They will give you instruction how to get the money if you have the beneficiary. You will need the death certificate

1 Answer | Asked in Insurance Bad Faith, Estate Planning and Probate for Texas on
Q: My husband son passed away who named his insurance agent has beneficiary is that legal

My husband's son passed away at 50 years old after days ago and we found out that he had named his insurance agent his beneficiary is that legal

John Michael Frick
John Michael Frick
answered on Oct 27, 2022

It’s legal but it sure looks suspicious.

1 Answer | Asked in Elder Law and Estate Planning for Texas on
Q: my wife is deep in dementia and living in a memory care facility. while she was in the hospital last july, my eldest

daughter had a durable power of attorney drawn up, nameing herself as my wife's agent. she did this without my knowledge or consent. Question: how do i or can i have this document cancalled and draw up my own?

John Michael Frick
John Michael Frick
answered on Oct 24, 2022

If your wife has dementia, any power of attorney she may now sign is subject to challenge because she may lack the mental capacity to understand what she is signing.

A better choice would be to apply for a guardianship of her person and estate.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Mother passed in2009 father and brother filed affidavit of heirship 2020 father passed can you go back to mother's death

Brother was supposed to be trustee and was set to get all asset into trust but brother said it cost him to much so no will. Should I have inherited off her death

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 20, 2022

I need more detailed information, but generally if there is not a Will or Trust in place the estates of your mother and father would have to go through probate court separately. Because there is not a Will or Trust in place the destruction will be based on statute, and therefore it is likely that... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My Family inheritance was taken and I was not notified by my sister who sold the family home.I need help please
Tim Akpinar
Tim Akpinar
answered on Oct 19, 2022

A Texas attorney could advise best, but your post remains open for three weeks. You could repost and include "Probate" and "Estate Planning" as categories. Some questions go unanswered, but you might have better chances of a response under those headings. Good luck

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Should I have to pay for a bond on my dad's estate if I'm the only child and the will was forged and I have proof?

The will that his sister presented was forged and I hired a guy to prove that so I'm contesting the will but the atty I have is saying that I am going to have to put up a bond on the house since I'm contesting the will and she is trying to sell for only cash illegally plus she has taken... Read more »

John Michael Frick
John Michael Frick
answered on Oct 11, 2022

It depends on what the bond is for. Your attorney may be seeking a TRO (temporary restraining order) or temporary injunction to prevent the sale of the residence. Such legal action requires a bond or cash deposit in lieu of bond. An alternative that will not require a bond is a notice of lis... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Is it necessary to file a Durable POA with the court house. Mine doesn't begin unless I become incapacitated.

I have it signed, witnessed and notarized now. I just want to keep my business private. My problem is my house. I think my POA couldn't sell the home without it being filed...Is that correct? I think anything else doesn't require it to be filed in Texas. Also, if I am placed in a... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Oct 8, 2022

You have asked a multi-layered question. The POA you have signed that kicks-in upon your disability sounds like a potential problem. If you do want such a document, I would make it so that you require TWO separate Agents to sign for anything of value over $10,000.00 which would include your house.... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My father never signed his will. He only has myself and my sister as far as family goes. What will happen to all of hi

his assets?

Pardon me, but I don't think the woman who answered first read what I stated. He has myself and my sister, not HIS SISTER. Thank you!

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Oct 6, 2022

A will is only valid if it is signed by the decedent and witnessed by two disinterested witnesses. If there is not a valid will when the decedent dies, then his assets (estate) passes to his heirs through the Texas laws of intestate succession.

Given that your Father never signed his will,...
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1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: So if I I have the deed of trust for Texas it is probably for more then one house
John Michael Frick
John Michael Frick
answered on Oct 3, 2022

Typically, a deed of trust secures a loan against a single home. In rare situations, it may secure a loan against more than one. The deed of trust itself should contain the legal description of each parcel of real estate. Commonly, if there is more than one, that section of the deed of trust... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I don't know if you can help me or not. My husband passed away and he had a trust in my name but I don't remember where.

How would you find out where a trust is at?

Isaac Shutt
Isaac Shutt
answered on Sep 24, 2022

An attorney could help you by looking in the real estate records. Some estate planning attorneys file trusts there. Also, if you can remember who the estate planning attorney was, you can contact the attorney for a copy.

If neither of those work, our law in Texas states that the...
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1 Answer | Asked in Real Estate Law and Estate Planning for Texas on
Q: Transfer on death deed. How does that work? Is this better than a will? My moms only asset is her house.
John Cucci Jr.
John Cucci Jr.
answered on Sep 16, 2022

What you are referring to is a "Life Estate" deed which can be useful and save money and possibly other debts.

The Life Estate deed is generally used to avoid surrogate or probate court and to avoid the government from attaching the property if your mom has the need for medicaid...
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1 Answer | Asked in Divorce, Probate and Estate Planning for Texas on
Q: Divorce DECREE Divested moms ex-husband of all benefits & life insurance but Valero paid him anyways. What do I do?

Mom divorce 02-12-18 Mom passes away 02-13-18. Divorce DECREE Divested him of all financial,interest bearing,money markets accts& life insurance policies. Life insurance is a Welfare Benefit in Texas,and he signed off rights to Moms pension but Valero paid him still. Probate Attorney filed... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

You should contact the personal representative of your mother's estate. If you are an heir of your mother's estate, you should have received a notice, which could be as simple as a letter, notifying you who that individual is. If you did not receive such a letter, you can look that... Read more »

2 Answers | Asked in Estate Planning and Family Law for Texas on
Q: Do both settlors of a joint revocable trust have to sign any amendments made. Or can 1 settlor sign who is also trustee.
Isaac Shutt
Isaac Shutt
answered on Sep 4, 2022

It really depends on what the original trust document states. So, the answer is: "It depends". Start by looking at the trust declaration for how to amend the trust declaration. This is usually in a paragraph labeled "Revocability."

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1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Texas on
Q: Can I file a quit claim deed on my fathers home without harm to his VA mortgage on benefits?
John Cucci Jr.
John Cucci Jr.
answered on Aug 27, 2022

The answer you seek would require me or any other attorney to review all of your dad's estate planning documentys and assets. Plus, the latest deed and lien on the subject property. Why are you giving a deed?

Do you own the property with your dad?

I can guide you, but do not...
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