I live with my mother in her home in Texas. She has dementia and its getting to the point I can't care for her. She has not appointed anyone power of attorney. I was wondering what would happen to her home if state rules she needs to be placed in nursing home if they become her guardian. Her home... Read more »
So her new husband could adopt them. Do the children have a right to his property and get to decide how and where he will be buried? Also our mother and father are deceased. As the oldest sibling do I have the right to make these decisions. My brother had no will.
It depends. If his rights were formally terminated by a Texas court order, that order would have normally had a paragraph stating whether the rights to inherit were terminated as well. Get a copy of that order and call me or consult an attorney.
My dad took out a life insurance policy about 10 years before he married his second wife. He passed away recently. Me and my 2 siblings are the only beneficiaries named on the insurance policy, but the will did state we are supposed to each receive cash gift of $100k and the rest of everything he... Read more »
My father didn't have a will, and only has 2 children. He wasn't married. My Aunts have taken the keys to his home and wouldn't allow me (his son) inside to search for documents necessary for burial. Is that legal for her do given that I'm the son? I researched intestate succession and believe it's... Read more »
If your father left children, those children, not his siblings, are his heirs. Hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration. Once you are appointed administrator of your father's estate, it will be your duty to...Read more »
A Will has no legal effect until it is admitted to probate. If there is another sibling, a DMV Affidavit of Heirship would give half the truck to him so that would not be a good option. Nonetheless, it may be hard to find an attorney who would advise you to probate the will, likely spending more...Read more »
I lost the original POA for my mom but l have 3 copies. I am trying to sell a house she owns but the title company will only accept the original. What can l do? The POA states that the use of a copy is acceptable. Do l have to go before a judge or something? What do l do? I am in Texas.
He verbally stated he wouldn’t do these duties but wants to act as DPOA upon my parents death. How can I hold him to his lack of actions to these financial duties. He states he can do what he wants w/ the property my parent owns.
A 2017 change to Texas' DPOA law requires that he report and give an accounting, with receipts, to the principals. An interested person can also ask the courts to look into his actions and failure to act. You might want to talk with a local elder law attorney. You can find one using the Find a...Read more »
Mother & father are settlors, primary beneficiaries, & co-trustees. Mother has been incapacitated. Father has been grossly negligent in his fiduciary duties as co-trustee. He has withdrawn/spent large amounts from the trust for his own benefit & didn't use any of the withdrawals for mother. Father... Read more »
The rights of an incapacitated co-trustee of a revocable living trust depend on what the trust document says. Most revocable living trust documents state that the co-trustee, in this case the husband, shall make all decisions in that event. Similarly, most revocable living trust documents state...Read more »
I lived in the house for 4 years. I left for a week because I found him on the floor and it was hard being there. I just came home and all the locks have been changed by his son. Do I have the right to enter the house?
The will simply states we have equal shares, 50/50. What do I need to do about my sister not allowing me to see financial records and I've requested that from her four times what is it that I need to file with the court?
I live in TEXAS. My stepdad has postponed us collecting my mom's belongings inside from 6-8 months after her death and decided to stay in the home. It raised my suspicions since my mom had undiagnosed Dementia before death. Do I have a right to ask for the will from him?? I know I was the... Read more »
Ask for the will in order for it to be probated. Your mom may have named him as beneficiary on the account that held her inheritance funds and that can pass to him without the will. If you have a copy of the will you can begin the probate process with that and get an order for him to appear and...Read more »
My mother left a revocable trust and my brother was left to take care of this when she passed, well before she passed my brother and my mom got in a tiff and he said he washed his hand's of this and thru the book at the second in line for taking care of business. well nothing was done in writing... Read more »
I'm 63 + living on a small pension, disability and retirement savings. I've always sent my mom(CPA) all my tax stuff. During this time the IRS has only contacted me 2x re fraudulent returns + gave me a pin#. She must've felt I'd owe $0. Can I file the last 6yrs taxes only(incl 2018)? My 2018... Read more »
4 tenants in common listed; one of those is the executor; Executor is given full power to sell, manage and dispose of any and all of the estate in the probated will. Two of the beneficiaries have signed and notarized a purchase agreement for the property. The other two beneficiaries are not... Read more »
Your suspicion is in fact correct; the purchase agreement needs all of the property owners to sign. Without that, the contract is only binding on the 2 people who did sign. So, if the 2 non-signing people decline to approve the sale, that could put the 2 signing people in breach of contract.
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