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Texas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Texas on
Q: What's the easiest way to get probate situations done?
John Michael Frick
John Michael Frick
answered on Jul 17, 2023

Hire an attorney who practices probate law in or near the county where the decedent lived at the time of his/her death. It will be much easier if the decedent signed a properly prepared Last Will and Testament.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: hello. what are the steps i need to take to get a property deed in my name?
Ryan Zapalac
PREMIUM
Ryan Zapalac
answered on Jun 7, 2023

Generally, the owner of the property must sign a deed that would transfer all or a portion of the property to you. If the owner is deceased, this could be done through a regular probate proceeding, where a personal representative of the estate would be authorized to distribute the home from the... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Texas on
Q: If someone died suddenly with no will how does the heir find out who was Trustee or where can it be found

Can a company legally keep all important information about Benefits, deferred compensation retirement agreement from the widow he had been married to and still together when he was suddenly killed in an accident. Is it legal for the Company to hide investment accounts, employment agreement... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

Depending on the facts and circumstances, it is probably not legal for a company to hide the deceased employee’s private documents concerning such matters from his widow. It is more typical for an employer to release the employee’s personal effects and documents which the employee may have... View More

1 Answer | Asked in Estate Planning, Foreclosure, Probate and Real Estate Law for Texas on
Q: Possible homestead claim void to dishonest actions of estate administrator and conflict of interest

Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2023

Your best move was to sue him on your homestead claim or intervene in the Estate proceedings.

You still have some legal options, including a lawsuit against your father in law for his malfeasance and failure to manage the estate assets and save the property from fc or waste.

You...
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1 Answer | Asked in Estate Planning, Foreclosure, Probate and Real Estate Law for Texas on
Q: Possible homestead claim void to dishonest actions of estate administrator and conflict of interest

Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2023

As an heir of your wife you should hire an attorney to appear on your behalf in the probate court. Since you attempted to pay the mortgage, and the administrator didn't accept the money, one would assume you have that money available now to pay the past due amount and stave off the... View More

1 Answer | Asked in Contracts, Employment Law, Estate Planning and Products Liability for Texas on
Q: Is MTV Networks now officially headquartered on Broadway street?

Why was it moved from Avenue of the Americas?

John Michael Frick
John Michael Frick
answered on May 22, 2023

MTV moved in 2009. According to news reports in 2009:

Landlord SL Green has put the space on the market, saying it could go retail or to another broadcast, but Viacom didn't renew the studio's lease. He told the paper, "We're taking it back from MTV at end of year....
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Who is the legal owner of my dads house and land now that he is dead? He left no will. He had a live in girlfriend.

At the time of his death, he had actually not been living at home, he had a small apartment. She stayed in his house. Nobody was ever told anything about him transferring the house and land to her but apparently he did using a Quit Claim Deed. He died in October but the deed was filed the following... View More

John Michael Frick
John Michael Frick
answered on May 8, 2023

It depends on facts not within your question.

If your father executed the deed and delivered it to his girlfriend with the intent to convey ownership to her prior to his death, but it simply wasn’t recorded until after his death, then it is most likely the girlfriend owns the property....
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1 Answer | Asked in Family Law, Estate Planning and Probate for Texas on
Q: Why change names on Deed of home just before death of spouse?

My father has late-stage Alzheimer's. He remarried before the disease to my stepmother. Since he has been in a memory care home she has purchased a different home than the one they lived in together. At first, the new home was in her name only. However, recently she changed the names on deed... View More

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

Without knowing the specific details of your father's and stepmother's situation and intentions, it's difficult to provide a definitive answer.

There could be several reasons for changing the names on the deed, some of which include:

Estate planning purposes: Your...
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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Texas on
Q: Texas - Medical Power Attorney The standard form has main agent and 2 more agents. Is OK and Legal to add 3rd agent?
Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... View More

1 Answer | Asked in Estate Planning for Texas on
Q: How long does it take to form a new trust and appoint a trustee?

I’m in the middle of buying a house. The seller was told she had to turn in an Affidavit of Heirship it has already been sent out to sign and to appoint someone as the trustee. I’m trying to see is this something that takes month, couple weeks, or something that can be done in a few days?

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

The time it takes to form a new trust and appoint a trustee can vary depending on the specific circumstances and complexity of the trust. The process could take anywhere from a few days to several weeks, depending on the complexity of the trust and the availability of the parties involved.... View More

1 Answer | Asked in Estate Planning for Texas on
Q: Do lawyer sell templates?

I’m an investor and every seller has to do an Affidavit of Heirship. I’m wanting to know do lawyers sell AOH and Deed templates? If you are one can you tell me the price estimate it will be?

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

The Affidavit of Heirship form is promulgated by the Texas legislature, and it is important to use the correct form for your jurisdiction. Providing legal advice or helping someone complete an Affidavit of Heirship without a license to practice law in the relevant jurisdiction would be considered... View More

2 Answers | Asked in Estate Planning for Texas on
Q: I’m wanting to know how is a trustee appointed.

I’m wanting to know is a trustee appointed by a judge or does the members just appoint the trustee by typing up a document saying they pick this person as trustee?

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

Generally speaking, there are a few common ways a trustee can be appointed:

Creation of a trust: When a trust is created, the person establishing the trust (the "settlor" or "grantor") will appoint a trustee by naming them in the trust document. This is the most common...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: property transfer without will next step

hello i need to know what my next move needs to be my mother passed 4 years ago and the property is in the estate of kathy but in c/o michael denson (myself) and my wife that i have been seperated with for 10 years is thretning to take my property my mother left a written will that is no where to... View More

Isaac Shutt
Isaac Shutt
answered on Apr 30, 2023

It sounds like the Central Appraisal District ("CAD") lists the Estate as the owner. If your mother's will wasn't probated, schedule a meeting with a probate attorney. Even if you can't find the original of your mom's will, you still need to meet with a probate... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: How much would it cost for a lawyer to draw up a AOH template in Texas?
John Michael Frick
John Michael Frick
answered on Apr 23, 2023

Why not just use an existing template like this one https://affidavitforms.org/tx/texas-affidavit-of-heirship-form-53-111-a/ that is available free online?

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: In our wills we both left our property to each other, if one of us dies will the other have to have the will probated?
Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

In Texas, when a spouse dies and leaves their property to the surviving spouse in their will, it may still be necessary to go through the probate process.

Probate may be required for various reasons, such as transferring title to real property, dealing with bank accounts, or addressing...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Mother died intestate. Son was appointed administrator. We want to sell her home. We have a pending offer.

The home was community property with her late husband, but it was also community property with his first, late wife. He was the first wife’s executor and trustee. Title company says we have to find first wife’s heirs but she died 20 years ago and her family is unknown to us. Where do we start?... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

I don't think any move you can make regarding your Title issue can be resolved fast. Unless you quickly find all the heirs from the 1st wife, so they can sign-off, sell, or waive their possible rights to the property.

There is a solution, but it would require litigation ( a lawsuit ),...
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1 Answer | Asked in Banking, Elder Law, Health Care Law and Estate Planning for Texas on
Q: My brother is in control of my trusts. Power of attorney over my bank account. How do I get rid of power of attorney?

He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.

John Michael Frick
John Michael Frick
answered on Apr 18, 2023

You have two issues.

First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.

You can have your brother removed as...
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3 Answers | Asked in Estate Planning, Probate and Criminal Law for Texas on
Q: How effective is a Quit Claim Deed in Texas? Can it be challenged?

My bf died in October. He didn’t have a will. It was assumed his kids from previous marriage would take over his estate. In January (I still live in his house) I found a signed and notarized paper called a Quit Claim Deed. It was never filed. I looked it up and saw that it had to be filed at... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2023

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...
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1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Estate Planning for Texas on
Q: (Texas law)I am disabled physically and my sister had taken over my trust how could i file charges and get my trust back

Halen is the wills name my grandmother left me this. In the will that was probated in 72 it says my estate will be left to (myname) as i was the only child when she died. in the estate it includes around 45k acres of land 5-15 million dollars and in 89 my father was my estate guardian and got... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2023

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

2 Answers | Asked in Estate Planning for Texas on
Q: I am in the process of purchasing a new home, and I need assistance to put the house in a trust account.

I am in the San Antonio area and the estimated time for the house to close is May 2023. Is this something you can assist with? If so, what is the estimated cost?

Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

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...
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