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Texas Estate Planning Questions & Answers
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 »

Elizabeth A. Sabol
Elizabeth A. Sabol answered on Jan 20, 2022

While everyone could benefit from consulting with an attorney - and this website doesn't count! - you REALLY need to talk to one. Your idea is not at all unusual, but I see issues with: 1) property taxes (you don't want to screw up your homestead exemption for your primary residence); 2)... Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Is a certified adult name change order sufficient to attach to an existing Power of Attorney in Texas?

I got married and legally changed my entire name. I am the agent on my parents Statutory Durable and Medical POA', and I am listed as a beneficiary in their wills as well. My financial institution is allowing me to attach a copy of the certified order of my name change to their POA's for... Read more »

Daniel Palmer
Daniel Palmer answered on Jan 10, 2022

Statutory Durable Powers of Attorney are tricky in that different financial institutions have different requirements. While the certified order may suffice for purposes of one financial institution, it may very well not for another. The safest bet would be to create new powers of attorney which can... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: My husband and I will make our wills in Texas. We are retiring in Puerto Rico. Will out will be valid there?

We have no kids. He is my beneficiary and I am his. He has his mother, I do not. I do have siblings and he has a sibling and a niece. Will parent, sibling or niece be due an inheritance from his or my will, even though we are each other’s beneficiaries?

Paul Premack
Paul Premack answered on Jan 7, 2022

It is always best to make your estate plan in the jurisdiction where you are living. If you are moving away from Texas to Puerto Rico for retirement, then wait until you have moved, see a lawyer in Puerto Rico, and make your estate plan under PR law.

That said, a valid Texas Will requires...
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2 Answers | Asked in Estate Planning for Texas on
Q: : Me and my boyfriend of 12 years bought property together and built a home for retirement.

He wants to put in a trust for kids. If something happens to either one of us can the other change trust or sell property?

Paul Premack
Paul Premack answered on Jan 7, 2022

There are a number of legal issues you must consider. Since you are not married, the purchase would be classified as creating separate property owned partially by each of you. However, Texas has a "common law marriage" regime that could allow either of you to claim marriage and try to... Read more »

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1 Answer | Asked in Estate Planning for Texas on
Q: Me and my boyfriend of 12 years bought property together and built a home for retirement.

He wants to put property in trust for the kids. If something were to happen to one of us can the other change or sell property?

Todd Alan Marquardt
Todd Alan Marquardt answered on Jan 7, 2022

Good Afternoon, Yes we can help with creating a Trust. Please call my office and speak with my calendar coordinator Sarah to schedule a free initial consultation. Thank you for reaching out and we hope to hear from you soon!

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Texas on
Q: Harris County TX.non-relative squatting in Deceased Parents house.How can I kick him out & Charge back rent?

Mother died 2019. No will or executor of the estate.

I started Probate (June 2020) on her estate because of the obvious fraud and concealment taking place by Stepdad.

Stepdad died in August 2021. So far the probate has gone nowhere, because the attorney I hired was either... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 16, 2021

The status of the probate case is not clear, but before anyone can do anything with the house, two things have to happen: 1) There must be someone appointed to represent the estate - if there's no will, that means you need an administrator appointed. 2) The administrator would have the... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: My uncle set up a trust fund for my daughter, and come to find out shes not , so how can i get that trust fund back.?

i need to put a hold on the account . untill we can determined dna results.

Teri A. Walter
Teri A. Walter answered on Dec 10, 2021

You didn't set up the account, so it's doubtful you have any right to do anything with it. Talk to the person that set up the account.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Elder Law for Texas on
Q: My husband has early onset Alzheimer's, he is 71 and I am 69. I own property gifted to me as my seperate property.

Can I file transfer on death deed to my children, possibly as a Medicaid asset protection trust devise if he has to go to nursing home?

John Cucci Jr.
John Cucci Jr. answered on Dec 7, 2021

There are a few different ways to handle your issue. The simplest is a "Life Estate" where you deed the property back to yourself for the remainder of your life, then it automatically goes to the person you wish to obtain the property after you die.

This is great if you have a low...
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1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Texas on
Q: Are probate judges, court attorneys legally allowed to enrich themselves with probate courts participants real estate
Teri A. Walter
Teri A. Walter answered on Dec 2, 2021

No, of course not. Without some basis for why you would ask this, there's nothing more that I can say that would be relevant and helpful. If you have a lawyer, ask them. If not, I suggest you visit with a probate lawyer in your area ASAP to address your concerns.

1 Answer | Asked in Estate Planning for Texas on
Q: Do I need to go to court to be able to cash checks made out to the estate of ?

I'm the executor of my grandmothers will.

Paul Premack
Paul Premack answered on Nov 12, 2021

When you say "I am executor" do you mean that the Will nominates you as Executor, or do you mean that you have a court order admitting the Will to probate and appointing you as Executor and granting you Letters Testamentary?

If you are nominated (but do not have the court order)...
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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Texas on
Q: I have a lifetime estate for a house that is in mine and my mothers name.

She since has been diagnosed with lou body dementia and has had to be placed in a nursing home permanently. the home is paid off, how would I go about placing the home in my name only?

John Cucci Jr.
John Cucci Jr. answered on Nov 7, 2021

If you have a true "Life Estate" that was done by an attorney or person who knows what they are doing, then you must be patient.

A true "Life Estate" is where an owner of land, signs and files a deed that goes from:

Owner 1 hereby grants to Owner 1 for life, then...
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2 Answers | Asked in Estate Planning for Texas on
Q: Hi my name is Michael my mother passed away in May 2020 and left her house to me and my 3 sisters ,what has to be done.

Can I give the share of my mother's house to my wife.

Jaime Victor Papa
Jaime Victor Papa answered on Oct 27, 2021

You will need to go to probate court.

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1 Answer | Asked in Estate Planning for Texas on
Q: If I die before I receive the distribution of an estate where my brother and I share 1/3, who gets my share?

Initially, posted at Probate Section. RE: Will includes: “...[1/3 of estate to my brother and me] the rest and residue of my estate in equal shares, share and share alike. In the event that my nephews have preceded me, I leave the share intended for the deceased nephew to the descent’s... Read more »

Paul Premack
Paul Premack answered on Oct 27, 2021

The answer depends on who is alive when you die.

If your aunt (the Will's maker) is already deceased, you are waiting to receive your share, and then you die before your share is distributed - the answer is that it still goes to you, but is distributed as part of your estate pursuant...
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1 Answer | Asked in Estate Planning for Texas on
Q: My mother passed and has credit card debt in her name only. Does my father need to pay that debt?

They are Texas residents.

Jaime Victor Papa
Jaime Victor Papa answered on Oct 26, 2021

I recommend that you speak with a probate attorney regarding this matter. It is likely that the credit card debt will be considered community property unless your father can prove otherwise. Also, if your mother and father had a Will or no Will, your father will need to go to probate court.... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Real Estate Law for Texas on
Q: Dead divorced parents no will

Both of my parents died in 2016. They were divorced in 1982 and in their divorce decree it states the home they owned was to be put in mine and my sisters name upon turning 18 at which point we could sell or live in. My father has another child from his second marriage is she entitled to any of... Read more »

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

The answer depends on who owned the property at the time of your parents' deaths. If you and your sister owned the property, then your parents' death doesn't give anyone else rights to the property. If your parents still owned the property, then all of their heirs (either under a... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: Can you set up a trust funded from multiple people in different states, for a person in a different state?

I have a friend who recently passed away. A group of my friends including myself, 5 in total, would like to create and contribute to a fund for our deceased friend daughter. Is it possible to do so considering the contributors are in 3 different states (CA, TX, and GA) with the recipient being in... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 10, 2021

This can be done. Usually the trust is created and seeded by one person and then it can receive contributions from other people. A really important decision you all need to make is who is going to be the trustee in charge of investing the funds and who is going to be the trustee in charge of... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: If a trust excludes someone from being a trustee can they inherit the trust?
Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2021

You can design your trust so that a beneficiary of your estate is excluded from being a trustee, yes.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: In a descendant's trust can it be left to a descendant's spouse?
Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2021

You can do that intentionally when designing your estate plan, yes.

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1 Answer | Asked in Estate Planning, Tax Law and Agricultural Law for Texas on
Q: My mother just passed and she was 1/4 owner of 640 acres give or take. I was informed today that the other current

Parties want to sell. Since my brother and I inherited my mothers party what should we be asking

Isaac Shutt
Isaac Shutt answered on Sep 23, 2021

You should definitely meet with a probate lawyer. You will want some sort of official legal documentation to show that you now hold title to your mother's portion of the property. Plus, you want an attorney to make sure you're getting your fair share. Contact a probate attorney to see... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: What type of lawyer handles house assets after Mother dies amongst siblings

My Mother died her home was owned by her & 1 sibling. Does my Mother part that she holds into the home goes to her living children?

She does not have a living will

Isaac Shutt
Isaac Shutt answered on Sep 21, 2021

Yes. If she has no spouse and no will, then everything goes to her descendants. That would include her living children and also the children of any deceased child.

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