There is not a whole lot you can do if you cannot locate the original will. Even if you locate a copy of the will, you will have an uphill battle getting it into probate because the law presumes that when an original will can't be found, the testator is presumed to have destroyed it with the...Read more »
Depending on what your father left, you may be able to file a Small Estate Affidavit or may need a hearing on an Application for Determination of Heirship. Talk with a local probate attorney to find out which would work best in your situation.
Unless you post your question, no one can answer it.
Inheritance is either by will, or by intestate succession. Here's a chart that explains who inherits property if there is no will. https://texaslawhelp.org/sites/default/files/texas_descent_and_distribution_chart.pdf
My stepmom and dad passed away 8 months apart they both have wills. My stepmom’s will and dad’s will hasn’t gone through probate yet. Should both will be probated or only the one that passed away second?
Both need to be probated. The good news is that it's often less expensive to probate two wills at the same time. At our probate law office, we call it "piggyback probates"! The reason they both have to be done is because the first spouse's name needs to be removed from title...Read more »
went behind my back and got her P.O.A. from me. He took her to her bank and got a good deal of her savings (She had dementia.) She was in a nursing home and they reported him to the court. The judge sold her house for 88,ooo and 4 lawyers took 58,000. The rest of the money is in the Registry of... Read more »
The Only way to transfer title to your grandfather's property is to probate the will. The executor, when appointed by the court, will have authority over your grandfather's property, to dispose of it according to the will. Until that happens, no one has authority to sign anything at all...Read more »
My father in law had a life insurance policy through his job. He had his wife listed as the beneficiary. She passed away last year and he passed away this year. He never changed the beneficiary. The paperwork we received ask for death certificates for both as well as heir information. The life... Read more »
The answer it, it depends. Usually life insurance is NOT part of an insured decedent's estate. However, it can end up being part of an estate if there are no living death beneficiaries when the decedent died. If the life insurance policy listed your father-in-law's wife as his primary...Read more »
The executor doesn’t want to probate the will because he wants to live in the house of his deceased stepdad. He is not paying the mortgage. All beneficiaries listed in the will want to sell the home to close out the estate. We don’t know what to do.
Any of the other beneficiaries can open a probate court and petition the court to be appointed executor. The court does not have to appoint the executor nominated in the will if that person refuses to act. If the person in possession of the will refuses to turn it over to the court, the court can...Read more »
My husband had no children and died with an old will. The millions will go to his college. They have been awful. The judge also ordered the car to me and the Executor and her Attorney refused in writing to do anything or fill out forms to transfer title. They are now stating that they are not... Read more »
Court date to validate will and personal representative is set. Person trying to become the personal representative has already transferred assets into her name that belonged to a different beneficiary, and I suspect she abused power of attorney to do so. Do I need to file anything with the court... Read more »
I believe the last thing she did was file the Section 308 Affidavit of Notice. There were not any assets and she said a few debt collectors had contacted her, but she needed to "review the filings to see if any other claims were filed". She was wonderful, but now I don't know what... Read more »
My uncle died like 6 or 7 years ago and noone has claimed the property I was verbally given the property but that dosnt mean anything I wanna do a probate but he had 5 kids and i can only find one of his kids who wants nothing to do with the property
You can file to probate his estate before you find all the heirs but will have to find them, even if this means hiring a P.I.. Some probate lawyers have databases which they will check. You may find this is enough. As for the child who wants nothing, that person can disclaim the inheritance and...Read more »
My Grandma (4/17) and Dad (11/3) have passed away in the last year, both intestate. I need to know if her possessions, specifically house and car, went to him even though they weren't "officially" transfered over? I was a step child to him and was never adopted after my Mom and him... Read more »
I am one of the beneficiaries on my late deceased mother’s estate. In the period of her death my health has declined I’m in renal failure and had a stroke. The estate was in probate for 3 yrs due to the fact step father protested the will (greed). Now consider this I was on deaths door. My... Read more »
You'll definitely want to get a probate lawyer ASAP. You'll definitely want someone to protect your rights. It sounds like have of the restaurant and home belong to your mother's estate, of which you're a beneficiary. I would get an attorney to help you demand an accounting...Read more »
My spouse and I took care of my parents and their large old home and 40 acres for13 years. They’re now deceased. Our sacrifice kept Dad from being on Medicaid and lose the family homestead. Dad left homestead, 11 yr old car and 16 yr old truck to me in will as compensation and appointed me ind... Read more »
"Common law" marriage does not exist. Your mother may apply for a determination of heirship and attempt to prove an informal marriage (1) registered with the county clerk without benefit of ceremony or (2) based on evidence tending to prove that (a) both parties intended to be married;...Read 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.