My mother had land given to her by her parents with the deed in her name. She was given this this land before she married my stepfather. She lived on property with my stepfather who still lives there, which is fine. I just want to make sure we get done what need be as far as deed transfer and also... Read more »

answered on Feb 7, 2023
You should definitely meet with a lawyer with probate experience. Since your mother received the property by inheritance, it is considered separate property. However, the legal presumption is that all property acquired during a marriage is community property. This distinction impacts the shares... Read more »

answered on Feb 5, 2023
If you cannot locate your mother’s will, you can probate her estate intestate (as if she doesn’t have a will).

answered on Feb 5, 2023
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... Read more »
If a plea deal is entered to by a defending party for whatever reason, even though the person may be innocent, does the prosecution still need to prove guilt or does an admission automatically situates his/her guilt?

answered on Feb 1, 2023
In most cases, an admission of guilt is sufficient. In some cases, corroborating evidence is necessary.
My mothers will made my step father the executor and then it was to be split equally between me and my step sister. After she died he changed the will without my knowledge and totally left me out giving it all to my step sister...not honoring her wishes

answered on Jan 31, 2023
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... Read more »
She was married for 4 years but at here job for 17 years 13 years is separate property and the other 4 was community but during the last year she accumulated medical bills so I’m trying to see if her husband would have to pay from his community property or it would come out both community and... Read more »

answered on Jan 31, 2023
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... Read more »

answered on Jan 29, 2023
An executor of a will is not required to get a formal appraisal or to show the appraisal to the heirs. However, if the executor files an Inventory, Appraisement & List of Claims with the probate court, it is a public document which the heirs could easily obtain a copy of.
Deceased parent did not leave a will. Leasing office allowed non-residents to change the locks and remove items from the apartment while ignoring the parent's adult child.

answered on Jan 26, 2023
First off,I'm terribly sorry for your loss.
I'd need more information to be able to answer your question more fully; however, as a general rule no one is entitled to possession of a decedent's personal property until an executor or an administrator is appointed for his or... Read more »
He was a vet and I filled out apps for death benefits. He does have a credit card with 4000.00 balance and medical bills are coming in. Do I need to see a probate attorney?

answered on Jan 8, 2023
You need to get the house in just your name. Probate the will and transfer his interest of the house to yiu
I could not get the legal help needed, I’m indigent and I cannot afford an attorney what can I do?

answered on Jan 8, 2023
There are a number of pro bono legal clinic scattered across Texas for litigants who are genuinely indigent. I’d start there.
My father in law passed away 2 years ago. The executor of his estate never filed the will into probate. The only assets left by him were a car and house. Car was repossessed and the house sold in foreclosure auction and there are excess funds. Is there any reason at this point to bother with... Read 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.
I verbally agreed to sell my interest but didn't sign a sales contract. The realtor handling the deal had a sales contract that only had one party's name & signature as seller (not my name). The only info I had prior to closing was the sale price, that the proceeds would be split... Read 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.... Read more »
The only shelters with space are out of the county. I don't want to violate my probation. What can I do to stay in compliance?

answered on Dec 19, 2022
Call your probation officer and ask for a travel permit to Harris County, Have a lawyer get you permission to live in Harris county,
My father-in-law passed away this week in Texas, he had virtually no assets (lived in an apartment, had a car loan) and a lot of debt from credit cards, medical expenses. There is no will, and my husband was named executor in the POA. There is a very small amount of money in the bank, and the car... Read more »

answered on Dec 8, 2022
A POA does not appoint an executor. Only a will does.
A POA becomes null and void when the maker dies.
When your father-in-law’s estate is probated, the personal representative must use available assets to pay debts in a specific order set by statute. First in priority is the... Read more »

answered on Dec 1, 2022
If your mother had a Will, then that will goes through probate court. You'll want to have a probate attorney help you, and it may even actually be required. Anyway, find a probate attorney that focuses on probate law in your area, because they tend to do the best job for the best prices.
The instructions say to sign name exactly as appears on deed. My husband and his wife were divorced many years ago and he got the house; he left the house to me, but the only proof that it was his is the divorce papers. How should I sign the TODD?

answered on Nov 29, 2022
The prior chain of title involving your deceased husband and his former wife is irrelevant to how you need to sign your TODD to ensure that the property passes outside of probate in the event of your death.
My father divorced my mother and she gave him everything including IRA, he has died in Texas and my mother did not know he was having an affair and married a woman , can my mother sue her fir the IRA

answered on Nov 18, 2022
Your mother has no claim against the IRA, but you might have a claim to the money.
First, you need to determine if the IRA has a "pay on death" endorsement or beneficiary designation and, if so, who is named. If your father named someone, whomever he named is entitled to the IRA.... Read more »
The court has made me a dependent administrator. HOW DO I DIVIDE OR SELL AND DISTRIBUTE THE PROPERTY?
I am one of five heirs ( siblings) and we do not get along and do not agree on anything. There is no money in the bank. In the inventory, my best estimate of the value of... Read more »

answered on Nov 11, 2022
You can hold an auction. You can list everything on EBay. But, as a dependent administrator, you will need to secure the court's permission first.
If an heir thinks the highest bid you receive is too low, they can bid at the auction or on EBay.
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... Read 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... Read 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?

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... Read more »
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