Get free answers to your Estate Planning legal questions from lawyers in your area.
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.
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
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
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
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
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... View More
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
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
Why was it moved from Avenue of the Americas?
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.... View More
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
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.... View More
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
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... View More
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
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?
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
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?
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
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?
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... View More
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
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
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?
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... View More
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
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 ),... View More
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.
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... View More
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
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... View More
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
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
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?
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... View More
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