I was pushed to sign a will of my own assets and finances against my own desires
I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More 
answered on Feb 23, 2024
If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.
Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in... View More
I was pushed to sign a will of my own assets and finances against my own desires
I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More
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answered on Feb 25, 2024
To address the concerning events you've described, finding a lawyer experienced in estate law and possibly medical malpractice or elder law (depending on your situation) in Florida is crucial. This lawyer can help review the circumstances under which you signed the documents and assess whether... View More
Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More
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answered on Feb 19, 2024
The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More
Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More
answered on Feb 19, 2024
If the title company is acting as the closing agent for the sale, it generally must report information concerning the sale on a Form 1099-S. That is why it is asking for your SSN. It is highly unlikely that a reputable title company will close the transaction without having the SSN for reporting... View More
Will that states he gives everything to my grandma. Do we still need to probate his will if there’s only one estate?
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answered on Feb 9, 2024
Even if your grandfather's will only leaves everything to your grandmother, and she has since passed, it's still advisable to probate your grandfather's will. Probating his will can ensure that his assets were legally transferred to your grandmother, which can then be properly... View More
Mom and dad created a will before my mom passed away in 2021. My dad has recently remarried. How does this remarriage affect the will?
answered on Feb 5, 2024
The Will itself remains valid, but the new spouse may have widow's rights separate and apart from the Will. Also, any property acquired by the couple after the remarriage will be community property of the couple. Dad's Will can only dispose of his undivided one-half interest in such... View More
I have been the POA and guardian for nearly 10 years. Right before his death other family members blocked my phone calls to him. I was not notified of his death and a month afterwards I found his obituary. When I went to the county records office I was notified he had sold his property a month... View More
answered on Jan 29, 2024
If you have been the guardian of your grandfather and his estate for that long, the court that appointed you 10 years ago must have determined that your grandfather was incapacitated and that a guardianship is necessary. Your grandfather's incapacity probably provides a valid basis to set... View More
We are being sued in probate court for a property that was left to us through a ladybird deed. We desperately need an attorney that understands the difference between a ladybird deed and a transfer on death deed.
answered on Jan 29, 2024
A TODD and a "ladybird" deed are very similar with three important differences. 1) A TODD does not provide a warranty of title, whereas a labybird can; 2) a TODD can only be signed by the actual owner and not by an agent acting under a POA; and 3) only the owner can retain a life estate... View More
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answered on Jan 28, 2024
Yes, you should hire a Dallas probate attorney as soon as possible. At a minimum, a probate attorney could research the probate court's records and then make recommendations to you for how to proceed.
If your father had a valid last will and testament, it's possible he gave... View More
Home, land & vehicles are only in my husbands name. Neither of us have a will. So if he should pass away, does everything come to me or does he need to add me to the property and house deeds? We have concerns about this due to me never being on the deeds. We also need to make wills soon. We are... View More
answered on Jan 26, 2024
Without a will, 1/3 of your husband's separate property will pass to you and 2/3 of your husband's separate property will pass to your children. As long as all of his children are your children, you will get the community property. If not, you will still own an undivided 50% of the... View More
Home, land & vehicles are only in my husbands name. Neither of us have a will. So if he should pass away, does everything come to me or does he need to add me to the property and house deeds? We have concerns about this due to me never being on the deeds. We also need to make wills soon. We are... View More
answered on Jan 26, 2024
Without a will, 1/3 of your husband's separate property will pass to you and 2/3 of your husband's separate property will pass to your children. As long as all of his children are your children, you will get the community property. If not, you will still own an undivided 50% of the... View More
I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.
Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.
answered on Jan 9, 2024
You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.
If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole... View More
How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More
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answered on Jan 9, 2024
To determine if your late husband had a Power of Attorney (POA) or to identify the executor and lawyers of his estate, you should first check any personal records he may have left. Important documents like a POA or will are often kept in safe places such as a home safe, filing cabinet, or a safety... View More
How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More
answered on Jan 9, 2024
I am very sorry for your loss. I am not in TX, but California. I agree with the other post, and talk to everybody to see if they were aware. The only thing I would add is that sometimes those who execute a Power of Attorney also record them in the county recorder's index where they live. This... View More
How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More
answered on Jan 9, 2024
Please accept my condolences for this tragedy. I would start worth people know about lost things and your situation. Your jurisdiction is different than mine but people are not different. I would call the local probate court or better yet go there and talk to people who have encountered the same... View More
I keep getting billing statements addressed to "The Estate of...." from American Express
The only "individual" assets she had were her personal belongings. I was "joint owner" on both her checking and savings accounts. I was the beneficiary on her life... View More
answered on Jan 8, 2024
No. A child is not legally responsible for the debts of a deceased parent in the absence of a contractual agreement signed by the child.
Forward the AmEx bill to the personal representative of your deceased mother's estate. It should be paid by the PR out of any non-exempt assets of her Estate.
named me executor and sole beneficiary. I understand I do not have to show him this will until I have been appointed by the court, however, should I respond to his text? Would a response show that I am agreeing to text communication with him?
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answered on Jan 4, 2024
Your question does not state whether or not, anyone has filed to Probate, your mother's Will.
If he has filed it, you better get busy and submit a filing of your own. You should not wait.
You are correct, if you are named as Executor, you have control. But you must file soon.... View More
My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate.
She told the police officer she was his grandmother and his next of kin. They did no research and put her down as... View More
answered on Dec 20, 2023
The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe... View More
My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate.
She told the police officer she was his grandmother and his next of kin. They did no research and put her down as... View More
answered on Dec 20, 2023
The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe... View More
Supporting myself since I was 16. With that being said, my Dad got ahold of the funds before they were given to me and now he is withholding them from me. In this legal? Is there anything I can do to make him give it to me ?
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answered on Dec 14, 2023
In your situation, where your uncle left you $5,000 in his will and your father is withholding these funds from you, it's important to understand your legal rights. As a beneficiary named in a will, you are entitled to receive what was left to you, provided the will is valid and has gone... View More
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