Husband and Wife marry and have a son, they divorce and both remarry and each have children. Then they get back together and remarry.
Then the Wife dies without a Will. What happens to the home and other property involved
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2023
If the wife did not have a will and the property is community property, the spouse has a life estate interest in the home and owns half of it. His community property half. The other half is owned by the biological or adopted children of the wife in equal parts. The husband should not be able to... View More 
I'm afraid that my uncle and his girlfriend might have changed the will.
answered on Sep 22, 2023
If you think your father’s will was altered, you should hire a forensic document examiner to examine the original Will to determine if there is any evidence of alteration.
You might also ask the attorney who prepared the will if he kept a draft in electronic format and compare the draft... View More
I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?
answered on Sep 15, 2023
I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough... View More
The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023
I also agree with setting a meeting with the pastor to determine what he knows and maybe take proof if you have any of your relationship. Also agree that you will want to meet with a probate attorney as soon as possible. If you are aware of a will provide any information you have. When you meet... View More
The heir was informed of the death three days after and was not included in any planning of the services, etc. Upon inquiry at the funeral home was told that they thought she didn't have any family.
answered on Sep 14, 2023
I agree with the previous answer. If it's possible the pastor doesn't know about the heir, it could be that the pastor thought the pastor was actually doing the right thing.
Aside from that, you should definitely consult with a probate attorney ASAP. You probably want to file in... View More
Don't have any interest in the property and want to gift it to me how do I transfer title without a deed or will
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023
To transfer ownership of the property without a deed or will, you'll typically need to go through a legal process. Since the previous owner passed away, it's essential to follow these steps. First, you may need to initiate probate court proceedings, especially if the previous owner passed... View More
Hello, my brother and I are co-executors and the only beneficiaries in our deceased parents will. They own a stock with Computershare that is now valued at $100k. My father passed first in February 2022 and my mother in this past Feb. She was in the process of getting us named as beneficiaries to... View More
answered on Sep 7, 2023
No you cannot probate pro se. That is not allowed as you are not an attorney or representing yourself but attempting to practice law when representing another or their estate. You will need to hire an attorney to probate the will and it does not appear to qualify as a muniment of title.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2023
To file for a change of venue in your probate case due to a conflict of interest in Texas, you can take several steps. First, review the rules and procedures of the probate court where your case is currently filed. Then, draft a formal motion explaining the conflict of interest and your reasons for... View More
answered on Sep 1, 2023
If there is no attorney, I don’t understand how there can be a “conflict of interest.” Who has the “conflict”?
In Texas, a probate case must be filed and prosecuted in the county where the decedent was living at the time of their death. If the probate case was filed in the wrong... View More
Does her will have to be probated?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2023
While it is always best practice to probate a will, her will would need to have been probated within 4 years of her passing. If it has been more than 4 years it is too late to probate her will but it might still be useful for family settlements. If all property is community property and your... View More
Does her will have to be probated?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2023
In Texas, the probate process is typically required to legally transfer assets and property according to a person's will after their passing. If your mother's will stipulated that her assets would pass to your living father and to the children if he were to precede her, it's... View More
My grandpa from Texas passed a year ago. I am the sole beneficiary, but my great aunt was listed as the executor. I am in California and she is in Michigan. I wanted to put myself as executor. A friend of my grandpa’s in Texas misunderstood this and put herself as executor.
My grandpa had... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2023
When an item of tangible personal property (such as an RV) that secures a loan is repossessed because the loan is in default, the lender typically auctions the repossessed item and applies the proceeds to the balance due on the loan. Typically the proceeds are not sufficient to pay the balance... View More
my uncle served me with an eviction notice to move out my grandmothers house who passed away 3 years ago. Im not sure what documents he has because he is a half uncle that has never had any ties to my grandparents nor the house. my mom and aunt were the only two that my grandmother passed the house... View More
answered on Aug 25, 2023
The eviction involves landlord-tenant law. The matter of ownership involves probate law. Good luck
my uncle served me with an eviction notice to move out my grandmothers house who passed away 3 years ago. Im not sure what documents he has because he is a half uncle that has never had any ties to my grandparents nor the house. my mom and aunt were the only two that my grandmother passed the house... View More
answered on Aug 21, 2023
It squarely falls within eviction law from your perspective. You definitely need your mom and aunt to appear in court to show they inherited the house from your grandparents and to state you have permission to live there. Your grandmother’s probate record ought to clearly establish who... View More
Married, and his parents and sister are all passed. He didn't have a will neither.
answered on Aug 16, 2023
In most instances, an affidavit of heirship can be used to address any remaining assets that might be registered or recorded in your uncle's name. Under the circumstances you describe, it would be very unusual for any such assets to have remained in your uncle's name since 1989.
Not married. I have three siblings. I was just released from prison after 12 yrs . The last month of my incarceration, my three siblings signed over ownership to my step father who has no legal right whatsoever to the land with a warranty deed. They tell me that they chose a part of the land that... View More
answered on Aug 10, 2023
It depends. When your mother died, the 3.15 acre parcel passed to you and your siblings as tenants in common. All four of you owned the entire undivided tract. Any tenant in common can petition a court to partition the land either by sale or in kind. You should have received notice of any such... View More
There is no will. His late wife has 2 children and my dad had 2 how do we go about settling property percentages, are there percentage laws for this.
answered on Aug 8, 2023
Since there's no will, the "heirs at law" inherit. The law calls it intestate succession.
In case you're curious, here's a link to the actual law:
https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm
If the wife died before your dad, then all... View More
My daughter was living with this man and had a child. Since shortly after her death, we have been denied the ability to see or visit with the child. Furthermore, the boyfriend has closed all her accounts, transferred the title of her car, and is withholding her other property (specifically the... View More
answered on Aug 11, 2023
These are delicate situations. You may find the following sections of the Texas Estates Code helpful:
Disposition of Remains: According to Texas law, a person may provide written directions for the disposition of their remains. This means that if your deceased daughter had expressed her... View More
My daughter was living with this man and had a child. Since shortly after her death, we have been denied the ability to see or visit with the child. Furthermore, the boyfriend has closed all her accounts, transferred the title of her car, and is withholding her other property (specifically the... View More
answered on Aug 7, 2023
I am sorry for the loss of your daughter. The answer depends on if she executed a disposition of remains document or any other transfer on death document related to her bank accounts and vehicle.
You don't mention the age of her other children and whether you have custody. Texas does... View More
joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate
answered on Aug 6, 2023
A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site
Texas Probate Legal Aid & Pro Bono Services
https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services
You include Native... View 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.
