Her Will prevails on who will get her estates. If her last wishes do not match the Will there is nothing you can do unless a person decides to honor her last wishes .

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

In general, you would only need to pay taxes on any proceeds from the sale of the house attributable to a gain in value from the date of your mom’s death until the date of sale. The term describing this is “step up basis.”

Typically this doesn’t happen unless a long period of time... 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

Nope, she is not. The brother's wife is not an heir of your mother. I think the correct heirs would be:

1) You (1/2)

2) Children of deceased brother (1/4 each)

Find a probate attorney in your area to help you. You'll probably be doing a "Determination of Heirship."

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

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

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

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

The surviving children can obtain a copy of the Will from the probate court and read it whenever and however they’d like to.

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

You need to call legal aide and see if you qualify for a free lawyer

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.

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2022

You need an attorney to handle this for you. The good news is that it should be easy to draft an agreement or release for the buyer to get their money back that protects you. However, I would need to see everything you previously signed, and anything presently offered for your signature.... View More

Trust funds are generally not safe from child support or alimony. This is true even if they are spendthrift trusts. You might review the article “Are Trust Funds Safe From Claims For Alimony or Child Support?” Trusts & Estates (April 2013).