Get free answers to your Estate Planning legal questions from lawyers in your area.
Grandfather owner of land,had a WILL naming 6 heirs. My mother past1983 & my Grandfather past 6mo later. The 5 heirs left agreed to add my Mom 4children on as heirs.Probate was done 1984. Fast forward the Executor has past away recently and their are 4 heirs left, 3 sisters & Spouse of... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2022
Yes!
It would have been great and easy if someone would have reduced everyone's intentions to writing.
Since that did not happen, you do need to clear up the Estate and wrap it up also.
The good news is if everyone works together, the solution would be relatively easy.... View More
I have durable POA and medical POA. My dad's daughter recently started taking him to appointments and taking him out. Then I found out that she added herself to his bank and was controlling his money.. Do I have the power to keep her away from him? If I don't, what can I do to keep her... View More
answered on Nov 19, 2022
It depends on what the POA states, Find out id your dad knows she put her name on his account, You may want to open a new bank account for him,
There is a family battle for Durable Power of Attorney, Guardianship and Executor. I am primary on all things as of this moment but my mothers mind and memory is getting worse by the week so other family members have stated that if they get her alone then they will have her sign and have notarized... View More
answered on Nov 7, 2022
Given your mother's deteriorating condition and the threat of other family members to have her sign another POA, your best course of action is probably to petition a probate court for temporary or permanent guardianship of your mother.
That will probably be less expensive and more... View More
There is a mortgage on the home and both are on it but my mother wants to leave her half of the interest and equity to me. Is this possible with a mortgage debt still on the home?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2022
Yes, your mother can leave her half to you even if the home has a mortgage on it. If she does that, then after she passes you and your brother will need to keep making the mortgage payments on the house lest the bank foreclose. In the end, you and your brother will probably end up selling the... View More
They are now in the process of a divorce. But I'm not so sure he will live long enough before the divorce is finalized. He wants to leave his house to me only. What do I need to do to ensure this happens?
answered on Nov 3, 2022
He can have a Will or Trust drafted in his name detailing his wishes. Whatever interest he owns in the home after the outcome of the divorce can transfer to you upon his death.
If his wife retains or it is determined she owns an interest in the home, she may be able to live in the home... View More
The Trust contained his home, a couple IRA accounts (they informed us of these), and a parcel of land that is leased out. His home is still listed under the Trust. We found it named in property tax records. We don't know who holds the Trust and we don't know if the Trust was amended after... View More
answered on Nov 3, 2022
It sounds like the attorney stopped communicating with you because he has a conflict of interest. If the attorney previously performed legal services for your half-brother related to the trust, he quite likely does have such a conflict and should not communicate with you.
You should hire... View More
3 adult children, one is under the Guardianship of the state, the other one has agreed to one person controlling the estate and dividing out.
Beneficiary passed away June of 2021, she passed Sept of 2021.
answered on Oct 30, 2022
The life insurance goes to the beneficiary . Call the life insurance and see who the beneficiaries are . They will give you instruction how to get the money if you have the beneficiary. You will need the death certificate
My husband's son passed away at 50 years old after days ago and we found out that he had named his insurance agent his beneficiary is that legal
daughter had a durable power of attorney drawn up, nameing herself as my wife's agent. she did this without my knowledge or consent. Question: how do i or can i have this document cancalled and draw up my own?
answered on Oct 24, 2022
If your wife has dementia, any power of attorney she may now sign is subject to challenge because she may lack the mental capacity to understand what she is signing.
A better choice would be to apply for a guardianship of her person and estate.
Brother was supposed to be trustee and was set to get all asset into trust but brother said it cost him to much so no will. Should I have inherited off her death
answered on Oct 20, 2022
I need more detailed information, but generally if there is not a Will or Trust in place the estates of your mother and father would have to go through probate court separately. Because there is not a Will or Trust in place the destruction will be based on statute, and therefore it is likely that... View More
answered on Oct 19, 2022
A Texas attorney could advise best, but your post remains open for three weeks. You could repost and include "Probate" and "Estate Planning" as categories. Some questions go unanswered, but you might have better chances of a response under those headings. Good luck
The will that his sister presented was forged and I hired a guy to prove that so I'm contesting the will but the atty I have is saying that I am going to have to put up a bond on the house since I'm contesting the will and she is trying to sell for only cash illegally plus she has taken... View More
answered on Oct 11, 2022
It depends on what the bond is for. Your attorney may be seeking a TRO (temporary restraining order) or temporary injunction to prevent the sale of the residence. Such legal action requires a bond or cash deposit in lieu of bond. An alternative that will not require a bond is a notice of lis... View More
I have it signed, witnessed and notarized now. I just want to keep my business private. My problem is my house. I think my POA couldn't sell the home without it being filed...Is that correct? I think anything else doesn't require it to be filed in Texas. Also, if I am placed in a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2022
You have asked a multi-layered question. The POA you have signed that kicks-in upon your disability sounds like a potential problem. If you do want such a document, I would make it so that you require TWO separate Agents to sign for anything of value over $10,000.00 which would include your house.... View More
his assets?
Pardon me, but I don't think the woman who answered first read what I stated. He has myself and my sister, not HIS SISTER. Thank you!
answered on Oct 6, 2022
A will is only valid if it is signed by the decedent and witnessed by two disinterested witnesses. If there is not a valid will when the decedent dies, then his assets (estate) passes to his heirs through the Texas laws of intestate succession.
Given that your Father never signed his will,... View More
answered on Oct 3, 2022
Typically, a deed of trust secures a loan against a single home. In rare situations, it may secure a loan against more than one. The deed of trust itself should contain the legal description of each parcel of real estate. Commonly, if there is more than one, that section of the deed of trust... View More
How would you find out where a trust is at?
answered on Sep 24, 2022
An attorney could help you by looking in the real estate records. Some estate planning attorneys file trusts there. Also, if you can remember who the estate planning attorney was, you can contact the attorney for a copy.
If neither of those work, our law in Texas states that the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2022
What you are referring to is a "Life Estate" deed which can be useful and save money and possibly other debts.
The Life Estate deed is generally used to avoid surrogate or probate court and to avoid the government from attaching the property if your mom has the need for medicaid... View More
Mom divorce 02-12-18 Mom passes away 02-13-18. Divorce DECREE Divested him of all financial,interest bearing,money markets accts& life insurance policies. Life insurance is a Welfare Benefit in Texas,and he signed off rights to Moms pension but Valero paid him still. Probate Attorney filed... View More
answered on Sep 7, 2022
You should contact the personal representative of your mother's estate. If you are an heir of your mother's estate, you should have received a notice, which could be as simple as a letter, notifying you who that individual is. If you did not receive such a letter, you can look that... View More
answered on Sep 4, 2022
It really depends on what the original trust document states. So, the answer is: "It depends". Start by looking at the trust declaration for how to amend the trust declaration. This is usually in a paragraph labeled "Revocability."
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2022
The answer you seek would require me or any other attorney to review all of your dad's estate planning documentys and assets. Plus, the latest deed and lien on the subject property. Why are you giving a deed?
Do you own the property with your dad?
I can guide you, but do not... 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.
