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
My sister has made it a point to hire her family friend to probate the will and didn't include me for some reason. Is there something for her to gain by doing this? And I have yet to receive a copy of the will. I do know that she is entitled to half of everything and the other half is to be... View More
answered on Aug 3, 2023
This is why you should have an attorney help you. Your attorney could help get a copy of the will AND make sure that the executor follows the law.
Just to do the above, the cost is actually usually pretty low. So, I'd recommend reaching out to an attorney in the area where the... View More
My sister has made it a point to hire her family friend to probate the will and didn't include me for some reason. Is there something for her to gain by doing this? And I have yet to receive a copy of the will. I do know that she is entitled to half of everything and the other half is to be... View More
answered on Aug 7, 2023
According to Texas Estates Code 351.101, an executor or administrator of an estate has a duty of care to take care of estate property as a prudent person would take care of their own property.
Additionally, Texas Estates Code 404.001 states that an independent executor who defends an... View More
Also after she died, someone she knew took both of her vehicles and has refused to return them. I've called the police and they said I need a court order for them to retrieve them. How can I obtain one? Do I need to be in Texas to do so?
answered on Jul 25, 2023
You should hire a probate attorney in or near New Boston to probate your mother's estate. Since you reside out-of-state, you will need to designate someone in Texas as the registered agent for service on your behalf if you want to serve as the personal representative of her estate. Once you... View More
What is the easiest way to contact Irs about deceased employees benefits?
answered on Jul 17, 2023
A family member of the deceased IRS employee can call the Employee Assistance Program at 866-743-5748. That office should be able to assist you with any employment benefits the deceased IRS employee may have had.
If you are referring to a deceased person who was not an IRS employee, the... View More
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answered on Jul 11, 2023
If you would be a next of kin or heir of the Decedent, than you will have standing to contest a Will. But if he is not the Father on your birth certificate, you are not an heir. A TX attorney may be able to establish paternity, but it will be time sensitive. Even then you may not have... View More
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answered on Jul 10, 2023
In Texas, if you are not named in the will, you generally do not have automatic standing to contest it during probate. However, there may be specific grounds, such as lack of testamentary capacity, undue influence, or fraud, that could allow you to contest the will by filing a legal challenge in... View More
My brother provided a voided power of attorney document to a lien holder of my mother's home deed after she passed In order to obtain the deed. He also provided the probate court fraud bankstatements for our deasesed uncles estate in order not to pay my share as a hier so I have to separate... View More
answered on Jul 7, 2023
Hire an attorney with experience in probate litigation. A power of attorney from your mother is, of course, void upon her death. As an heir, you have the right to file for probate of your mother's estate, even though she doesn't have a will. You can ask the court to appoint you as a... View More
We found a copy of a will that was never filed in Brazoria County. Her insurance company said to have a Small Estate Affidavit done? Can this be done in Harris County where she died?
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answered on Jul 5, 2023
To retrieve the change of benefit check from the insurance company, you may need to file a Small Estate Affidavit in the county where your mother resided at the time of her death. Contact the Harris County clerk's office for guidance on the specific procedure and forms required to complete the... View More
We are trying to sale land owned by my Mother who passed away in 2007. The Will was probated & my brother is the Independent Executor. The siblings are ok with this decision. The title company said he cant sale the property as an Independent because the Probate was back in 2007. Is this true?
answered on Jun 13, 2023
It would be extremely unusual for a probate case from 2007 to still be open. When a probate case is closed, the independent executor no longer has authority to take any action.
In your situation, it would typically be the heirs who inherited the land from your mother who would be selling... View More
answered on Jun 7, 2023
Generally, the owner of the property must sign a deed that would transfer all or a portion of the property to you. If the owner is deceased, this could be done through a regular probate proceeding, where a personal representative of the estate would be authorized to distribute the home from the... View More
Can a company legally keep all important information about Benefits, deferred compensation retirement agreement from the widow he had been married to and still together when he was suddenly killed in an accident. Is it legal for the Company to hide investment accounts, employment agreement... View More
answered on Jun 7, 2023
Depending on the facts and circumstances, it is probably not legal for a company to hide the deceased employee’s private documents concerning such matters from his widow. It is more typical for an employer to release the employee’s personal effects and documents which the employee may have... View More
Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take... View More
answered on Jun 6, 2023
As an heir of your wife you should hire an attorney to appear on your behalf in the probate court. Since you attempted to pay the mortgage, and the administrator didn't accept the money, one would assume you have that money available now to pay the past due amount and stave off the... View More
My lawyer is charging me for my emails to her , to the courts and to restract postings in the newspaper.
answered on Jun 1, 2023
If you have a balance or bill still due to the lawyer you still must pay the fees you incurred for their work on your behalf. That includes phone calls, emails, text messages, court hearings, conferences with other attorneys and the court and any other work performed on your behalf. READ your... View More
Is the heir's attorney required to file a motion in order to get the appointment of the Ad Litem, or does the judge automatically appoint one? There was no will in place.
answered on May 17, 2023
(continued:) The attorney must file a motion and an order to get the AAL appointed; the Court does not automatically appoint the AAL.
Is the heir's attorney required to file a motion in order to get the appointment of the Ad Litem, or does the judge automatically appoint one? There was no will in place.
answered on May 17, 2023
Yes, in Texas, if you die without a Will, an Attorney Ad Litem (AAL) is required to be appointed by the Judge. The AAL's job is to represent any unknown or incapacitated heirs. The AAL will research the decedent's personal and family history and speak with family and at least 2... View More
answered on May 16, 2023
Ask someone who was close to your grandfather before he died if he left a will and what he owned when he died. You might also ask anyone living with him if you can have access to his mail to see if he receives any bank statements or the like. You can also search for real estate in the county... View More
At the time of his death, he had actually not been living at home, he had a small apartment. She stayed in his house. Nobody was ever told anything about him transferring the house and land to her but apparently he did using a Quit Claim Deed. He died in October but the deed was filed the following... View More
answered on May 8, 2023
It depends on facts not within your question.
If your father executed the deed and delivered it to his girlfriend with the intent to convey ownership to her prior to his death, but it simply wasn’t recorded until after his death, then it is most likely the girlfriend owns the property.... View More
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