I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... Read more »
The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... Read more »
A cousin was a signer on his bank account as she was the one who would write out his checks to pay his bill. However when he passed she kept the money in his bank accounts and he was very wealthy. She designated one person and gave them a huge property and she has only separated other assets. What... Read more »
You should DEFINITELY talk with a Texas probate attorney. Probate is the legal process necessary to transfer a deceased person's assets. Typically, when there's no will, your probate attorney will handle the Determination of Heirship process for you.
This cousin was probably... Read more »
This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?
First, be aware that your niece may also be an heir of your grandmother even if the will was not probated. The oil company may have accepted a certified copy of the grandmother's will filed in the deed records or an affidavit of heirship as evidence of your niece's entitlement to... Read more »
The Will states persons A, B and C will inherit a house in equal shares. The Distribution Deed, signed by the Executor (which is also person A) shows A, B and C as the "Grantees". Once that Deed is processed (county? state?), and A, B, and C are the "owners", does... Read more »
That is a good question. After the property is distributed (deeded) to A, B and C, the executor is longer in charge of the property. A, B and C are in charge, and everything they do must be unanimous. But any one of them can force a sale by going back to court if he or she is no longer... Read more »
The person named to settle an estate in a Will is called an executor. The person named to administer a trust is called a trustee. What someone said or did not say is difficult to prove. However, once submitted for probate, a Will is a public document. Once appointed administrator, an executor... Read more »
Aunt wants me evicted. Mom wants me to stay. I cannot upgrade septic for house I own (no land payment agreement from deceased grandmother) or move mobile home onto same acreage without aunt's signature or do anything at all without causing a fuss. What do I do? Its a Ladybird will with no... Read more »
The property owners (your mother and aunt) both have rights to use the property, which include the right to lease it out. If there's a written lease, that will govern who can evict you and why. If there's not, you're a month to month tenant, and the oral lease agreement can be... Read more »
My mother has land in a trust given to her by my grandmother. Her brother, my uncle, is my grandmothers power of attorney and executor of her will. He is trying to force my mom to pay the taxes on the land now, even though it does not yet belong to her. He says if she doesn’t he will not pay them... Read more »
It really depends on the trust itself. In order to answer this, we would need to know more about the trust itself. Get a copy of the trust and then schedule a consultation with a trust attorney in Texas. You might be pleasantly surprised at how easy and affordable it is to get a good legal... Read more »
If your grandfather survived her, he is her heir. If not, her children are. You are only counted among them if she adopted you. But if she was awarded guardianship because she is the parent or your parent who died, you inherit through that parent.
My mother and her mother is not dividing things up evenly she’s partial to her youngest. I was promised things by my dad but my sister has ended up getting 3/4 of things what can I do
The answer turns on what the Will said. Adopted and born children are both the couple's children under the laws of heirship, which would apply if there was no Will.
From your description, it is not clear that either estate was probated. You may be writing about small items of greater... Read more »
None of his family has been around in 20 years. This is crazy yet sad. There are alot to be involved in probate court to get their portion.His greedy sister should go back to the rock she came from.what can i do
Move. The executor or administrator of the estate has a legal duty to sell property to pay debts and distribute the remainder according to the Will or, if there is no Will, the state's laws of inheritance. This may involve evicting tenants. Neither occupancy nor friendship confer ownership... Read more »
Texas - Dad died no will and house only in his name. Mom dies and made will leaving 25% son, 25% daughter and 50% divided 3 grandchildren. Can son file for % heirship since dad had no will?
Yes, absolutely. If Dad had no will, then Dad's "heirs" inherit Dad's assets. Most surviving spouses just assume that they automatically inherit the deceased spouse's estate, but that's not actually correct.
Keep in mind, though, Mom will likely be the... Read more »
My grandma passed (in Texas 2015) first and then her new husband had changed around everything in the will (when my grandma was sick he got her to sign stuff). He cut multiple family members from my grandmas side out and made his son the executor. When her husband passed (in Texas 2017), the son... Read more »
It's definitely worth having free (or inexpensive) consultation with a probate attorney. I'd recommend trying to schedule a meeting with an attorney that focuses on probate and estate planning law.
You would be an heir to your grandmother's estate, so it's important... Read more »
I'm a Realtor and a property nearby has been vacant for 2 years (owner passed). No will. No immediate family. I would like to contact next of kin to start probate process so I can sell the property for them.
Any heir or creditor can file an Application for Determination of Heirship and Issuance of Letters of Administration. It typically takes about three months to get to a hearing as all the heirs must be found and two people who can testify as to the decedent's marital and family history must be... Read more »
two lawyers and case not done. I have invested about $4,900 and the estate is worth about 13,000. There is a disgruntled heir. The court will not let me represent myself. I have Texas Legal protection plan. Is there a Honorable Attorney that will finish case for me ?? They are impossible to locate
Honorable attorneys are not impossible to locate but you may have to hire one who does not accept Texas Legal Plan, especially if there is a disgruntled heir and possible litigation.
Texas
Promptly file to probate the Will or determine the heirship.
Also look at the deed to father for the title "Sr." or a date at which son would have been too young for it to have been a deed to him.
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 »
I am his only child and he was not married. Wells Fargo told me I have to go through the Probate Court to get the money because it is more than $1,500. How do I do that?
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
Using... Read more »
how much it is, how long this will take, can I get partial now,or anything else I should know??
It is not clear what you mean by "settlement." If this is a probate proceeding, the court documents are public. In the US, on average, it takes two years to settle an estate.
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 »
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