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to put the property in a family trust. What needs to be done to accomplish this ?
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answered on Oct 17, 2024
Hire an OK attorney to search the title, determine heirship and draft a deed from the tenants in common over to the Trustee for the Trust. Attorney will need to draft the Trust Instrument with the TIC appointing someone Trustee. Deed must convey to the Trustee of the Trust, not the Trust... View More 
My dad and stepmom are both on the deed/title to home. Stepmom just recently passed away and dad is looking to get a home equity loan for the property which is completely paid off. Stepmom has 2 adult children as heirs and there was no will. How could this be navigated to be able to get the loan?
answered on Oct 11, 2024
If the title to the property was held as joint tenants with right of survivorship or tenants by the entirety, your father would own the property solely in his name upon the passing of your stepmother. If the title was not held as joint tenants with right of survivorship or tenants by the entirety,... View More
My grandad just passed away he had no will. So his oldest daughter is making decisions she is selling his property she claims will be divided. She ain't one to trust so what should I do to claim my father's part in his father's estate?
answered on Oct 8, 2024
I would highly recommend that you consult with a probate attorney as there are numerous additional facts needed to provide an answer. If no application for probate has been filed then you could potentially open a probate case allowing for a legal distribution of the decedents property. You should... View More
Brother is contesting me being executor. Will that hold up eviction. No judge order has been issued JP ruled in our favorite is appealing to higher court civil coirt. Will the contest hold up evictioncase
answered on Sep 20, 2024
The eviction case will be stopped while the case is on appeal. However, your niece should be required to pay rent while the appeal is pending. Once the appeal is resolved, you can move forward with the eviction. If you are removed as executor, your ability to evict will also be removed, so your... View More
My dad died and he had a truck he was paying on. His ex wife was a co signer when they got the truck when they were married. They got divorced and he got the truck. But the registration didn't reflect the divorce winner getting the truck it has both of them on it. He's been making the... View More
answered on Sep 9, 2024
If the truck was awarded to your father in his divorce decree, it passed at the time of his death to his heirs. While he should have transferred title to the truck into his sole name and paid off or refinanced the loan, the divorce decree is a muniment of title reflecting that the truck was... View More
Dad's will in probate his widow states she is only beneficiary of dad's estate period. Also does not have to provide inventory list since she is ONLY heir. On aff. Of heirship on house she lies and says dad died without a will then 1 month later puts a will thru probate.
answered on Sep 5, 2024
It is possible to have both a trust and a will that affect an estate. If you are a named beneficiary in the trust, but your stepmother claims to be the sole beneficiary in the will, it is important to distinguish between what assets the trust controls and what the will governs. Trust assets... View More
Dad died. Stepmother put will thru probate . Told court judge she is ONLY heir of my dad. Then she draws up an estate settlement & distribution papers wanting us kids from previous marriage to sign giving us nothing & us signing over all separate property and two houses to her to do w as... View More
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answered on Aug 29, 2024
Not necessarily. In most cases when there is a trust, the will is a pour over will leaving everything to the trust. However, the only way to find out is to see what the will says. Once a will is being probated, they are part of the public records of the probate court in the county where probate is... View More
Dad died. Stepmother put will thru probate . Told court judge she is ONLY heir of my dad. Then she draws up an estate settlement & distribution papers wanting us kids from previous marriage to sign giving us nothing & us signing over all separate property and two houses to her to do w as... View More
answered on Aug 29, 2024
A trust governs what has been contributed to it. Since the trust was never funded, it essentially does not exist.
Anything not in the trust (and not passing as a pay on death bank account, transfer on death brokerage account, or to a designated beneficiary of a life insurance policy,... View More
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answered on Aug 27, 2024
If a person contests an affidavit of heirship filed on a house in Texas, the following steps and potential outcomes may occur:
Initiation of a Legal Dispute: Contesting an affidavit of heirship typically leads to a legal dispute. The person contesting (the "contestant") must file... View More
answered on Aug 27, 2024
An Affidavit of Heirship does not transfer title, even though title companies sometimes treat it as though it does. It is only evidence (not proof) of the statements in it if it has been of record with no one complaining for five years. The Affidavit of Heirship and a contest of its statements... View More
Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More
answered on Jul 12, 2024
If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.
Your brother's ex cannot inherit anything from your brother's estate... View More
answered on Jun 28, 2024
Property that is jointly titled does not automatically pass to the survivor unless specifically titled as "joint with right of survivorship." Otherwise, each owner on the title owns an undivided 50% interest in the property that passes to that owner's heirs as provided by law.... View More
No will or power of attorney, can my brother get into the account, and if he does once he gets a lawyer is there any way that he could keep it without letting me know? Will the courts get involved and handle this without me doing anything?
answered on Jun 20, 2024
You will need to file for probate of your father's estate. Once the probate has been filed, whoever is appointed as the personal representative of the estate will be required to provide an accounting of the estate assets. You will need to monitor the probate process to make sure it is being... View More
He told me there was nothing, and now I’m told there is some money at least in his bank account, It sounded like he was gonna have to get an attorney to access the account, he hasn’t told me anything and I haven’t asked….im wondering if I need to do something or if maybe an attorney and... View More
answered on Jun 19, 2024
If you do nothing, how will a court or attorney even know anything about it?
As an heir at law of your father, you have the right to file an application to probate your deceased father's estate. Even without a will, for a relatively simple and straightforward estate, probate is cheap,... View More
I live in Texas
answered on Jun 18, 2024
In order for your assets to go to a specific person, you need a valid Texas Will to handle your probate assets, or you need to name that person as the beneficiary on the assets/accounts for non-probate assets.
Failure to do do either of those may give others a right to those assets, or... View More
I live in Texas
answered on Jun 18, 2024
The easiest way to make sure everything goes to your wife is to provide for her in a Will that complies with all formalities required in TX. Generally, you need two witnessed that are in your presence when you sign your Will declaring to them its your Will and you are requesting them to witness you... View More
I live in Texas
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answered on Jun 19, 2024
Making a Will or a trust with your wife as only person to inherit would be a good start. Then like my colleague say, ensuring that your beneficiary designations are up to date, as well as any POD designations on accounts, and if applicable transfer on death designations on your home and... View More
Mother's only property is checking and savings account in California and a checking account in Texas. My sister and I are a co-owners of the California account and I'm the principal owner of the Texas account. Total value is under $70,000.
answered on Jun 18, 2024
I notice you refer to your sister as executrix. Is this based on the writing of the Will or did you go through probate? A Will has no legal effect until it has been deemed to comply with all the laws of the state, typically by going through probate. If your sister was appointed by a probate court... View More
His second ex wife signed a warranty deed.
The house was in my ex husbands name only, but yet when the house was sold one piece of paper was signed as married couple even though he was divorced from his second wife
He signed the papers in may 2022 and June he was deceased... View More
answered on Jun 17, 2024
Your question is a bit confusing. There is no prohibition on someone signing a warranty deed after a divorce. After a divorce, either ex-spouse is free to sign a warranty deed conveying real property awarded to that ex-spouse in the divorce or conveying real property bought or inherited by that... View More
Someone I know had a sibling with mental illness and addiction issues. His sister has a handwritten / crude “Will” that was notarized. He stayed with this sister regularly but was basically homeless. His adult child has come forward arguing that the money in his account belongs to her not his... View More
answered on Jun 6, 2024
If a valid Will names an executor, the person named as executor will most likely be appointed as executor if they are qualified and want to serve. A testator (the person who makes a Will) has no legal or other obligation to name a child as executor over a sibling. The child of the testator has no... View More
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