Get free answers to your Estate Planning legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2022
Yes, this is called a directed verdict and means the case is so weak, that the judge takes it from the jury's hands. The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt... View More 
This is not a criminal case. Even in a jury trial could the judge still determine the outcome basically?
Have new income from 1 of properties in trust. Can't open trust account to deposit $ without trust document.
answered on Aug 6, 2022
Do you at least have a copy of the trust document?
If not, it's still okay. In Texas, we have lots of Trust Code that lays out what happens in situations like this. This Code lays out who inherits from a trust in the absence of a written trust document.
If your bank is easy... View More
If the deceased people have children, does this entitle the children to part ownership of land, or do the living original owners now have all the remaining ownership? Example: 6 Original Owners, 5 are deceased but have all have children, one original owner is living. Will the 1/6 of ownership be... View More
answered on Aug 1, 2022
It depends. Did the six original owners take title as joint tenants with right of survivorship? If so, then the entire property belongs to the survivor. It would be surprising if that were the case, but not unheard of. You need to sit down with an attorney who can examine the title to the... View More
Does the principle/grantor HAVE to be sick/unwell or can they be healthy? If a principle/grantor is of sound mind, with no disability, illness or physical or mental incapacity, would an agent/grantee using the POA be misusing the power?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2022
It depends on the wording of the POA. Some take effect immediately after they are signed. Some are only effective when the principal becomes incapacitated. If it is effective immediately, it is not necessarily a misuse for the agent to use the POA. For example, I might give my husband a POA to... View More
We closed on our home in April 2022. Have made two payments already! Still not living in it. Our general contractor hired a sub contractor to do our floor. Has attempted 3 times, left a razor blade in my daughters closet in the epoxy! Now is not answering calls or texts. And our general contractor... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2022
I can answer your question generally. But I would want to see your contract or written agreement to be sure of how to advise you.
I'm assuming that the mortgage you are paying is for a COMPLETED house. Meaning all the construction, including laying the floors, were part of your... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
I am from fort worth, and the unclaimed assets are there. However I am currently in tulsa Oklahoma
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... View More
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... View More
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.
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.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2022
Hire a TX attorney to file a Motion to Terminate the Guardianship, with a possibility of an Accounting.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2022
Ask your local health department to come out and investigate.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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
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... View More
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... View More
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
