Get free answers to your Estate Planning legal questions from lawyers in your area.
answered on Nov 13, 2023
Yes. It will significantly reduce your property tax liability.
answered on Nov 13, 2023
While you can use a codicil to update your wills, it will make things easier and more clear for your heirs, trustees, proxies, and the court if you simply rewrite them how you want them to be now. Once you update them, collect all of the old ones and discard them.
I have actually had a... View More 
Make vague discriptions of mental wellness and judging their intellectual disability. Never heard of intellectual disability
answered on Nov 7, 2023
No, not really. A person typically is free to leave his property to whomever he wants in a Will. If a person dies without a Will, his property passes according to the laws of intestate succession.
Unless a sitting Texas senator is named in the decedent's Will or is related to the... View More
Her spouse left her 30+ years ago, but have not divorced. My Aunt is now deceased.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2023
First I'm very sorry for your loss and offer my condolences.
Generally, a designated beneficiary on a 401(k) passes outside probate much like life insurance or any other account with a designated beneficiary. It is handled based on a written contract and does not come into probate.... View More
Texas - Father died in 2010 with no will. His wife was not on the deed for the home and land, but they were married during the paying of the mortgage (13 of 20 years). Do her children have any rights to the equity in the home?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023
Hire a TX attorney to search the title and determine heirship. Father's heirs probably own the property. But tax payments may have a bearing.
Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2023
The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More
I'm afraid that my uncle and his girlfriend might have changed the will.
answered on Sep 22, 2023
If you think your father’s will was altered, you should hire a forensic document examiner to examine the original Will to determine if there is any evidence of alteration.
You might also ask the attorney who prepared the will if he kept a draft in electronic format and compare the draft... View More
I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2023
I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough... View More
The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.
answered on Sep 14, 2023
I agree with the previous answer. If it's possible the pastor doesn't know about the heir, it could be that the pastor thought the pastor was actually doing the right thing.
Aside from that, you should definitely consult with a probate attorney ASAP. You probably want to file in... View More
My father left 2 specific, repeated, verbal instructions (but no will) 1. The house goes to the youngest daughter, and 2. Y'all better not fight over this house!
It's a modest house, 700 sq. ft. and everyone owns their own home already, with their families, except our youngest... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023
Hire a TX attorney to force a Sale For Partition.
My grandpa from Texas passed a year ago. I am the sole beneficiary, but my great aunt was listed as the executor. I am in California and she is in Michigan. I wanted to put myself as executor. A friend of my grandpa’s in Texas misunderstood this and put herself as executor.
My grandpa had... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2023
When an item of tangible personal property (such as an RV) that secures a loan is repossessed because the loan is in default, the lender typically auctions the repossessed item and applies the proceeds to the balance due on the loan. Typically the proceeds are not sufficient to pay the balance... View More
Is there a trust that would have avoided this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023
In Texas, there are various types of trusts that could potentially help protect assets like a house from being counted as part of a person's assets when determining eligibility for government assistance programs like Medicaid. One commonly used trust for this purpose is an irrevocable Medicaid... View More
I have a civil Judgment that that wont go away with bankruptcy. I have no money, no income or assets. This person who sued me knows all of this but some how managed to get a large judgment of like $500,000 against me. I believe this person did this because they know I am set to get a large... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023
Hire a competent TX attorney to get advice on asset protection. There are numerous methods to protect most if not all that possible inheritance. A transfer to an off shore situs trust is the best method, but many simpler approaches may work for you. Texas has an excellent Homestead for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023
Inheritance tax laws can vary depending on the jurisdiction and the specific circumstances of the inheritance.
How long does she have to distribute my part of the estate. It never had to go to probate.
answered on Aug 15, 2023
The trust itself dictates when the trustee is required to make any distributions to beneficiaries.
My sister has made it a point to hire her family friend to probate the will and didn't include me for some reason. Is there something for her to gain by doing this? And I have yet to receive a copy of the will. I do know that she is entitled to half of everything and the other half is to be... View More
answered on Aug 3, 2023
This is why you should have an attorney help you. Your attorney could help get a copy of the will AND make sure that the executor follows the law.
Just to do the above, the cost is actually usually pretty low. So, I'd recommend reaching out to an attorney in the area where the... View More
My mother did not trust my sister for full POA, before she passed she wanted me to cover the estate, the problem is I do not live in Texas so I couldn't according to Texas law. Now that she has passed the sister is trying to get me to sign a waiver and appoint her administrator, she has been... View More
answered on Jul 21, 2023
You have two separate issues.
Regarding the probate issue, as an heir at law, you can object to your sister's appointment as the administrator of your mother's estate. If you don't sign the waiver, they'll just serve you. If you don't respond, your sister will be... View More
My brother is the durable power of attorney for my mother with dementia but has my sisters name on all of her bank accounts and not his. Everything I have read said that he should be the only one on the account, is that true?
answered on Jul 21, 2023
No. Ask yourself this question: Before your mother had dementia, would it have been alright for her to include your sister's name on all of her bank accounts? A durable power of attorney gives the attorney-in-fact (your brother) the same rights as the person who signed it (your mother).
Would a Quitclaim deed be acceptable? Will there be problems with Medicare trying to confiscate the house from me later?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2023
I'm sorry you find yourself in this situation. Unless your mother named you on a durable power of attorney as her agent I don't think any conveyance of real property would be proper. If you are her named agent on a durable power of attorney then confirm the right to convey property is a... View More
Estate REALLY should be over $1.8 million. Trustee has refused formal accounting for 12 years. Tricked me into signing over POD accounts and life insurance disbursements owed directly to me. And NUMEROUS other documented breaches.
answered on Jul 17, 2023
While it would be rare for an attorney to accept such a case on a contingency fee, attorneys who do accept such cases are likely to require a 40% or 33-1/3% contingency fee. This fee would usually be calculated after the attorney is reimbursed for any case expenses incurred in the litigation... 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.
