If you recorded the deed after your boyfriend died, you should be concerned about being prosecuted for a crime. This is especially true since he never gave you the deed; you just happened to find it after he was dead.

I would hire a criminal defense attorney to see what you can do to claim... View More

The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother.... View More

You need to consult a licensed estate planning attorney to help you with this process. To put a house into a trust, you'll need to follow these general steps:

Fund the trust: To transfer the house into the trust, you'll need to change the title of the property from your name to... View More

Yes, you should definitely get a will and NO you should definitely not get married for the reasons you mention. You should get an attorney prepared by an experienced estate planning attorney. Yes, it will cost a bit of money. However, those it would be SO worth it to have a Will done by a really... View More

1) Unless is will is successfully challenged, the decedent's 1/3 interest will pass to the heirs named in the will, subject to the surviving spouse's "widow's rights" which give her or him a life estate in the decedent's interest if the property was the couple's... View More

Within the last year, we probated an estate for exactly that reason: Wells Fargo will not release funds on deposit in their bank without an order from the probate court.

You should contact a probate lawyer in or near the county where your mother lived at the time of her death. Depending... View More

If you don't know the law firm that prepared your father's will, there are several steps you can take to try to locate a copy of the will:

If your father kept important documents at home, such as a safe or filing cabinet, check these areas for a copy of his will.

If your... View More

If the check is made out to your mother's estate in your care, you will likely need to go through the probate process or establish an estate to cash the check. This is because the check is considered an asset of the estate, and someone must be legally authorized to act on behalf of the estate... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

For better results, try reposting your question with more information provided. When doing so, keep in mind that a "power of attorney" is a document, not a person. The person that signs a power of attorney is called the principal, and the person designated by the principal to act for... View More

It's generally true that an attorney will only communicate with their own client or someone who has been authorized to act on behalf of the client, such as a person with a power of attorney. However, in certain circumstances, an attorney may be willing to speak with a non-client about a case,... View More

If your stepmother is the trustee of the trust, she may have a fiduciary duty to provide you with certain information about the trust, including the annual amount of the principal. However, the trust may have specific provisions that limit the information that can be provided to beneficiaries, or... View More

I'm sorry to hear about your loss. If your mother had a trust, it is likely that the trust will govern the distribution of her assets rather than a will. If you can't locate the attorney who drafted the estate plan then you'll want to contact a local attorney as soon as possible to... View More

Sorry to hear about your mothers passing. If she had a trust created then she can typically bypass the probate process. Verify that the trust has been funded properly and properly executed. Oftentimes, trusts will be drafted together with a pourover will. So you can probate that pourover will... View More

Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your... View More

No, an executor of a will cannot change the terms of the will after the person who made the will (the "testator") has died. The executor's role is to carry out the instructions and wishes of the testator as expressed in the will.

If you believe that the executor has changed... View More

In general, if your mother incurred the medical debt while she was married, the debt may be considered "community debt". This means that the debt would be paid out of the community property, which includes property that was acquired during the marriage.

However, if the medical... View More

Up to $15,000 of funeral expenses and up to an additional $15,000 of medical expenses associated with your mom’s final illness must be paid out of your mom’s estate as a priority claim before any other debts or expenses are paid.

If you paid funeral expenses out of pocket, you need to... View More

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

- ANSWER: Enforce this judgment.

So he setup a company with his wife as registered agent and owner of the company. His wife is... View More

A surviving spouse is entitled to no less than a life estate in any property used as a homestead by the deceased spouse in Texas. She is also entitled to all exempt personal property and to an allowance from the decedent’s estate for one year. This is fair because it provides for the widow to... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2023

The main purpose of probate is to transfer assets that are still in the name of a deceased person. If there are no such assets, not much purpose would be served by opening a probate.