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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... View More 
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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.... View More
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!
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,... View More
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... View More
How would you find out where a trust is at?
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... View More
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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... View More
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... View More
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... View More
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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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... View More
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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?
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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
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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
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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
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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
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answered on May 31, 2022
Hire a TX attorney to file a Motion to Terminate the Guardianship, with a possibility of an Accounting.
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