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Texas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Texas on
Q: The will says all docs and paperwork goes to the executor. My bother kept all family photos. Are pictures included?

Rift over family photos. Does pictures qualify as documents, paperwork..etc?

James Clifton
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James Clifton
answered on Oct 2, 2024

Pictures are personal property and should go to the beneficiary who is designated to receive personal property. If there are multiple individuals, the pictures will need to be split between them. If there is ambiguity in the will, it can lead to costly litigation if the beneficiaries can't... View More

2 Answers | Asked in Estate Planning and International Law for Texas on
Q: I reside in Galveston texas I am looking for an international estate lawyer for South Africa. Do you have recommendation

I’m reaching out from Galveston, Texas. I am currently facing an urgent legal matter regarding the estate of my late grandfather, xxx, in South Africa. I’m seeking your assistance and would greatly appreciate a free consultation to explore how I can move forward with this complex case.

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2024

This forum deals mostly with U.S. law and courts. You could check with regional attorney directories in South Africa, and also with local bar associations. Most bar association websites have sections for attorney referrals. Good luck

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1 Answer | Asked in Estate Planning and Identity Theft for Texas on
Q: I believe that my inheritance has been stolen and someone has changed my name. ridling trust Lincolnton north Carolina

i found that my mothers name was changed from hers to a mans and lists Schwartz and wilson as the executor. which looks like its funneled into Schwartz trust Lincolnton n.c.

Anthony M. Avery
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answered on Sep 24, 2024

You will need to hire a NC attorney to investigate this. Also ask your relatives what happened.

1 Answer | Asked in Estate Planning for Texas on
Q: What is a ministry trust and how can I get one or open one?

I heard about this type of trust from a friend and want to get some information about it.

Gratia "Grace" P. Schoemakers
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answered on Sep 18, 2024

A ministry trust is a special kind of trust set up to give financial support to religious or faith-based groups, like churches or ministries. It’s a way for someone to make sure their money helps these organizations, even after they’ve passed away. Here’s how it works:

Supporting...
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2 Answers | Asked in Estate Planning and Banking for Texas on
Q: Ck is payable to John Doe Revocable Trust, John Doe Trustee, can John Doe endorse it and dep it into his personal acct?

Would the answer to the question be different if it were Irrevocable Trust?

Nina Whitehurst
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answered on Sep 12, 2024

The check should be deposited in an account titled to the trust. To deposit the check to the trustee’s personal account would be a breach of fiduciary duty to the creditors and benefit the trust. The answer is the same whether the trust is revocable or irrevocable.

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1 Answer | Asked in Estate Planning, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: can trustees of a irrevocable trust be sued?

conned into signing a MOU, experienced malfeasance at the hands of them. subpeonas revealed they committed crimes against me and tried to cover it up. I want to sue them for large monetary damages, it's an irrevocable trust.

James L. Arrasmith
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answered on Aug 31, 2024

Yes, trustees of an irrevocable trust can be sued if they have engaged in wrongdoing. If you were misled into signing a Memorandum of Understanding (MOU) and have evidence of malfeasance or criminal activity on their part, you may have a strong case. Trustees have a fiduciary duty to act in the... View More

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: Estate tax for a non-resident alien's US bank account

Hello - A non-resident alien (from Nepal) has $200k in US bank savings account and $300k in US Govt bonds. A US citizen daughter is named as a beneficiary (payable on death) on both assets. If the owner dies, is estate tax applicable to any of these assets provided there are no other claims?... View More

James L. Arrasmith
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answered on Aug 15, 2024

In the situation you described, estate tax could be applicable to the non-resident alien's US assets. The US imposes estate tax on non-resident aliens' US-situated assets, which includes the US bank savings account and US government bonds. The threshold for estate tax for non-resident... View More

1 Answer | Asked in Bankruptcy, Estate Planning, Family Law and Energy, Oil and Gas for Texas on
Q: Thanks for answering my question ❓ I would like to ask, what do I do if I was told not to pay no attention to letters.

Letters from the United States Trustee Office of Estate Planning and also the Disclosure statement of the reorganize oil company. I just didn't know what it all was At the time and it was All final back in 2019 with the Southern Bankruptcy out of Houston TX. In addition, the lady that sent me... View More

James L. Arrasmith
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answered on Jul 27, 2024

It's understandable to feel overwhelmed by the legal documents you've received, especially when they involve complex matters like bankruptcy and estate planning. Given that you received these letters from the United States Trustee Office and related to a reorganization of an oil company,... View More

1 Answer | Asked in Bankruptcy, Collections and Estate Planning for Texas on
Q: Can a legacy trust clear all my past debt and collections and what’s a step by step transfer ? It’s called legacy trust
James L. Arrasmith
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answered on Jul 18, 2024

A legacy trust, while a useful estate planning tool, does not inherently clear past debts and collections. The primary purpose of a legacy trust is to manage and distribute your assets according to your wishes, often providing for beneficiaries and potentially offering some protection from future... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: I inherited land 80 acres and 20 acres undivided was sold and I just found out there is someone living on it

The taxes is there anyway to have them reduced since I'm not living on land mostly just shrub and trees. I also found out hunting is going on as I seen 6 lookout huts in trees? Also found oil wells on my land

Anthony M. Avery
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answered on Jul 1, 2024

Start out by hiring a TX attorney to search the title.

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1 Answer | Asked in Estate Planning for Texas on
Q: Can I sue the United States for failure to comply with Article IV: Section 4 :protection against foreign invasion-border

Can you expand on the true meaning of this Article? Was it simply meant to deal with the re-construction era after the Civil War or does it expand beyond that time period to actually mean what it says - The United States obligates itself to protect all citizens in every state of the union... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

I am almost certain that a lawsuit would not be successful. I seriously question whether you have standing unless those foreign military invaders have injured you or damaged your property.

If you have evidence of Russian or Chinese armed forces invading Texas, you should immediately...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: If the notary that stamped the will says she didnt stamp the will thats in probate is that a big deal ?

if so could i get the will removed from the record? having a two year long battle in court one would think this information would put the cat in the bag. Nothing was ever mentioned of it.....She also wrote the will this notary and she told me that will is not the one she wrote for my grandparents.

Anthony M. Avery
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answered on Jun 24, 2024

If you think you are an heir, then hire a TX attorney to contest the Will being Probated. If no Probate, then "Will" means nothing.

2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: My father took over payments on my grandfathers land but died the same month he paid it off what to do?

Grandfather died in 2016 my father passed in 2019

Anthony M. Avery
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answered on May 13, 2024

Hire a TX attorney to file a Declaratory Judgment and Quiet Title Action to have the debt declared satisfied. You will need to put on proof of payment.

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1 Answer | Asked in Estate Planning for Texas on
Q: I am looking to set up a living trust as POA. How would I sign document on behalf of Grantor and/or Trustee?

The Power Of Attorney document specifically grants the right to create an inter vivos trust on behalf of the principle.

Gratia "Grace" P. Schoemakers
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answered on Apr 24, 2024

Take the POA to any estate planning attorney near you, they will tell you what you can or can not do. They can help you draft the trust if it falls within the power of the POA.

1 Answer | Asked in Estate Planning and Arbitration / Mediation Law for Texas on
Q: I need someone to help me close my sister's bank accounts.she passed in November of 2023. Preferably in Jasper Texas.
Tim Akpinar
Tim Akpinar
answered on Apr 6, 2024

I'm sorry for the loss of your sister. A Texas attorney could advise best, but your question remains open for two weeks. It sounds like you may have already been searching on your own for attorneys. You could also use the "Find a Lawyer" tab above, which lists attorneys by region and... View More

1 Answer | Asked in Estate Planning and Family Law for Texas on
Q: Is re-doing my 14 year old POA (with no changes) a bad idea for any reason?

In 2023, a banking institution and a securities brokerage in Texas refused to accept my mother’s (Texas) Durable Power of Attorney executed in 2010, because their internal policy was not to accept POAs over three years old, irrespective of prominent language that the POA “was not affected and... View More

John Michael Frick
John Michael Frick
answered on Mar 27, 2024

No. There is no reason not to redo it.

2 Answers | Asked in Estate Planning, Contracts and Personal Injury for Texas on
Q: I was willed 28.000.000.00 by a man from Canada he sent the electronic draft. I believe officials have with out my autho

Authorization been using my bank draft for public use what should I do

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

It's possible this could involve elements of Canada law. But the short answer is to be careful in dealing with business offers, donations, gifts, or bequests from people you don't know. You could review the matter with a Texas attorney to determine its legitimacy. Good luck

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1 Answer | Asked in Estate Planning for Texas on
Q: My close friend passed and left all his estate to me per holographic will,his landlord is trying to keep all of it

What do I need to do

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

You need to probate your friend's holographic will.

1 Answer | Asked in Estate Planning for Texas on
Q: What happens to a will created in Texas when parent remarries in Oklahoma?

Parents had Will created in Texas before mom passed away in 2019. Dad has recently remarried in Oklahoma. Dad is planning on selling house in Texas and buying a house in Oklahoma. In the Will, the house in Texas was being left to the children. How does this remarriage in Oklahoma affect the... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2024

The Will remains valid as to the disposition of the dad's estate; however, his new wife will now have widow's rights and will have an undivided 50% ownership interest in all community property they acquire during the marriage.

1 Answer | Asked in Estate Planning for Texas on
Q: My mother passed last week and I am executor and sole beneficiary of her estate. My estranged brother sent a text

giving me 5 business days to send him a copy of her will. Do I have to send a copy to him?

Beth Ann Serafini-Smith
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Beth Ann Serafini-Smith
answered on Jan 4, 2024

Until you are appointed as the executor you are not required to give anyone a copy of the Will. Until you are appointed, you really have no legal authority to handle any aspect of her estate; a Will is just a piece of paper until the Court rules it is a valid Will and admits it to probate.

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