I understand I have to wait 15 months after the executor was assigned to request the accounting. Then I know once I find a lawyer, that they will write up some kind of demand letter to the court. I'm curious what happens then. Does the court notify the executor? Do we have him served? Is there a... Read more »
My father passed away and I live in his house, my brother doesn't want anything out if it and said he will sign whatever needs to be signed, I had another brother who passed away, he had 4 kids they will all sign as well, what paperwork do I need to file? We do not want to go to probate, would an... Read more »
In theory, if your father left nothing but the house and had no debts (owed no income or property or other taxes, had no medical or funeral expenses, had no credit card debt, never used Medicaid, etc.), a title company would accept an Affidavit of Heirship and you could avoid probate. A court...Read more »
He is in federal prison right now and doesn’t have a lawyer and doesn’t know whether he will continue I’d probation he was on before he went to prison or if they will throw him in jail again for more time. He doesn’t know whether it will be 2-10 years or 2-20 because it was a sexual assault charge
He will finish his federal sentence. Then he will be sent via detainer to Texas, where he will sit in jail pending trial. His probation will be revoked, and depending on what type of probation he was on, if deferred then he can serve up to the maximum for the crime he committed. Sexual Assault is...Read more »
My mother who lives in ths house as do i due to her low income and not a able to keep up with the property or bills and i want to keep the house in the family as well continue caring for my mother can i buy the house outside court and in probate?
A lot depends on what the will says, what the extent of your Uncle's authority is and if no authority to sell it to you then if all those with an interest in it agree, you most likely can buy it. Your Uncle should speak with his probate attorney about it.
How unfortunate! While an executor is required to preserve the estate, you cannot pay what you do not have. Maybe you can revisit the situation with the realtor to determine what can be done to sell the house.
In 2017 both of my parents passed away, my mother owned a portion of the 2 acres located in Texas where she lived until her death, while my uncle in California owned the rest. After the passing of my mother, the entirety of the estate went to my uncle, (Still under his name) couple of months later... Read more »
I am being told by his creditors I need letters of testemonary, affidavit of heirship to sell his house, or become executor of the estate to collect money he left my brother & I as beneficiaries in an IRA. There is no money in dad's estate.
They died intestste11 months apart in Puerto Rico. They had assets un Texas. Money in bank accounts, CD's, my mother's spousal IRA that matured the year she died, stocks with the same company as the IRA, and oil/gas rights.
Short answer is yes it can be done; however, it has to meet certain criteria and there must be certain steps taken to actually authenticate everything for Texas. I suggest you speak with a probate attorney in Texas.
His heirs are distant relatives and none of them want to be administrator. Also, the will is handwritten and a copy was sent to me by his cousin because she thinks it’s not fair that her other cousins aren’t taking action on his estate. Do I have any recourse? If I open probate as an interested... Read more »
Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children, we have witnesses. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want... Read more »
Am I required to disclose the amount to anyone? Do I have to split it with anyone? Am I supposed to use it to pay his bills? He did have life insurance with another relative listed as the beneficiary. He also owned his home and his vehicles. I want to make sure I'm doing the right thing.
YES! You are entitled to property. In fact, under Texas Law you're probably entitled to receive more of your father's property than your stepmother. Reach out to a probate attorney as soon as possible to schedule a consultation meeting so that your inheritance rights are preserved.
Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want to show us the... Read more »
The will states that if I contest or attack the will I lose my inheritance. It also states that we can no go to court over the administration of the estate other than all the filings the executor has to file with the court. But can I take the executor to court if hes being fishy about things? He... Read more »
Some Wills allow the executor to make distributions before paying all the creditors. You might want to review the Will before concluding that the action was "fishy." If an executor does not provide an accounting, you may hire an attorney to file a Motion for an Order to Show Cause. If the Court...Read more »
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