Texas Estate Litigation Legal Questions

It sounds like you should file with the probate court to be appointed executor of your mother's estate.  You then will have the legal authority to deal with the house, which includes the authority to list it for sale, rent it, or change the locks.  It sounds like your brother and the drug dealers are trespassing, not renters that require eviction proceedings.  Good luck.  ... Read Answer

Children cannot own property, so they would have to be in trust for the children or in a Uniform Gift to Minors Account for their benefit, or maybe a Section 529 account.  All of these can be managed by the guardian but are for the benefit of the children.     If the fundraiser was meant for the individual and the children, the funds should go into some sort of account for the benefit of the children, not to the guardian.  ... Read Answer

If the pension was an ERISA plan, then the beneficiary or beneficiaries named is the person or are the persons that get the benefit, regardless of the Decedent's marital status.  If it passes to  you and your brothers, then you all will need to claim the proceeds.  If you all disclaim, then there will be a hierarchy of persons that take, which will culminate in your dad's Estate receiving the proceeds. In such case, the pension will then pass according to his Will, i.e., to your step-mom.  There is some legal wrangling that must take place and you have to coordinate with the pension plan administrator.  I recommend you hire an attorney to help you with the process. Sincerely, Kevin Spencer www.spencerlawpc.com (214) 965-9999... Read Answer

If your mother died testate (with a Will), then you will need to file it for probate, get it admitted to probate and you appointed as her Independent Executor, presumably, without bond. If your mother died intestate (without a Will), then you will need to file an Applicatioon for Administration, get appointed as her Administrator, post a bond and proceed from ther in a court supervised administration.  You may have the option to open an Independent Administration to avoid the bond and court supervision. In either case, you have to hire an attorney because attempting to represent an estate in a court of law is the unauthorized practice of law, since the estate is not you. Kevin Spencer (214) 965-9999 www.spencerlawpc.com ... Read Answer

It is unclear whether the brothers were adopted into the family or out of the family. However, your husband can certainly file a petition for the probate of his father's estate even if there is no will. The copyrights to the music and poetry can pass to the heirs through intestate succession along with all other property of the decedent. If the brothers were adopted into the family, they have an equal right to the inheritance.... Read Answer

There are more facts that are needed, such as the type of lien. If it is a property tax lien, then it would probably attach to the whole property. If it is an IRS lien, then it hopefully only attach to the portion of the property owned by the older sister's husband. With all that being said, there should be no document stating that the older sister's husband owns an interest in the home, and thus I would presume that this is a property tax lien.  If it is a property tax lien, it will need to be paid from the proceeds of the sale.... Read Answer

It sounds as though you are mixing concepts. An attorney would need to review the probate of your mother's estate and the probate of your father's estate. If the second wife lived in the house (homestead), then she probably has a life estate in that house. I doubt she will be forced out in that situation. For more information, you would need to contact an attorney.... Read Answer

It is difficult to put an exact figure on the cost.  It depends on what type of probate in required and the complexities of collecting and distributing the property and paying the bills.   Filing fees to probate a will are going to be around $330.00.  The cost of publishing notice in the paper can run from $75.00 to over $200.00 depending on what the local paper charges.  Each certified letter will cost $6.00 in postage.  It is sometimes necessary to hire surveyors or appraisers or other professionals to evaluate the assets of the estate.  Attorneys fees in my area range from $2000 and up depending on the complexities of the estate and time needed to handle the estate.   If the deceased person owned real estate it will be necessary to probate the will in order to show passage of title from the deceased person to the heir or heirs.   Most attorneys will give you a free consultation regarding the matter.  You may wish to contact an attorney in your area to get a better idea on the costs.   I hope this helps you.   Russel L. Robinson... Read Answer

Normally, POAs are not filed in my state. I would call a local TX lawyer. Also, normally, a POA has language that states in can be revoked in writing by the Principal. Therefore, you should be able to revoke this, by drafting a Revocation of POA. Since you apparently file POAs down there, you may have to file the Revocation. ... Read Answer

just tell him your not comfortable with it and for him to get an amount certain. I never did that in an estate. the chances are that he is not going to ruin his career and commit a crime. however, if you are not comfortable with it, thats enough of a reason. I think i would be a bit uncoomfortable with it. ... Read Answer

You should have a talk with your mother about creating a durable power of attorney which would allow you to act on her behalf. A power of attorney is an instrument that authorizes an agent to act on behalf of an adult person. For more information, please go here: http://texasguardianship.org/guardianship-information/guardianship-alternatives/ This is a much more cost-effective way of managing your mother's affairs than a guardianship proceeding. Once you get the POA for your mother, make sure to have it filed in the real property records of the county where the house is located so that the public is on notice that you (or whoever she appoints) has the right to transfer interest in her real property. ... Read Answer

You are misinformed. A power of attorney is granted by a living person during his or her lifetime, and it terminates automatically at death. The only way to dispose of a decedent's property is with a court order obtained through probate (or, in the absence of a will, intestate administration) proceedings. Your best bet for achieving this is to contact an attorney.... Read Answer

Ms. Aquino: Yes, if there is a recording that has been preserved, it can be used against you, if it has some probative value, i.e., if it is relevant. You have not described the civil lawsuit.  Since I do not know what is pending or what is contained on the tape, I cannot tell you whether it would be relevant.  To me it sounds way too old and remote to have any relevance to anything.  When that much time has passed and the character of the account has changed and new documents (a Will) have been executed, I struggle to see how it could ever be relevant.  If it is relevant, it would be very weak evidence of anything, other than an argument that happened 15 years earlier. I hope I have answered your question(s). Sincerely, Kevin Spencer www.spencerlawpc.com ... Read Answer

Mr. Gardner: My first question is why hasn't the personal representative of your uncle's estate made distribution some four years post-death.  The answer could be that the Estate needed the car to pay for debts of your uncle's Estate in which case the bequest of the car to your father would abate (which means, it would disappear).  Even if the Estate was solvent (such that your the bequest of the car to your father would not abate), the determination about whether the car was needed to pay off debts of your uncle's Estate within the year prior to your dad's death.  It may be that because your father's Estate has no executor or personal representative that the personal representative of your uncle's Estate has no one to transfer title to the car to and is waiting for information about who either represents the Estate or owns it.  If your father had a Will, then probate it and an executor will be appointed and/or the beneficiary/beneficiaries of his Estate will be determined, so the executor or personal representative of your uncle's Estate can transfer title.  If your father had no Will, then you are going to have to have your father's heir's determined, so the executor or personal representative of your uncle's Estate can know who to transfer title to. If you are the only beneficiary or if you are the only and sole heir of your father, i.e., there is no one in his Estate who could complain about the executor or personal representative of your uncle's Estate transferring title directly to you, then, if you know that personal and can discuss it with him/her, then you can see if they will skip you having to do anything in your father's Estate to evidence title.  If he or will not or their are beneficiaries or heirs of your father's Estate other than you, then I think you are left with the above options and only the above options. I hope this answers your question(s). Sincerely, Kevin Spencer www.spencerlawpc.com ... Read Answer

Your deceased father's estate attorney does not have to give you notice of anything.  Probate jurisdiction in Texas is "in rem," meaning jurisdiction is over the property, not any particular person.  So, the only notice that gets issued is a Citation notice posted on the courthouse bulletin board; few people, if any, interested in an estate actually get notice by its posting.   You are also held to have constructive notice of the entire probate file, so any argument or excuse that you did not know about the probate filing will not work and will not help you.  As a result, you have a duty to check with the probate/county clerk in the county where your father was domiciled when he died.  You cannot blame your failure to search for or find out about the probate on your father's estate attorney or anyone else.  It is a situation where you have the duty to find the probate, not someone else having a duty to tell you about it. That being said, if the Will has not been filed for probate, then you, as an interested person in your father's Estate, have the right to send written demand to your father's attorney to deliver the original will to you, so you can file it for probate.  If he refuses to turn the will over to you after demand, you can file a motion to show cause against the attorney (or whomever has the original will) requiring him to appear in court and explain why he will not deliver the original to you; you can request that your attorneys' fees for being forced to file the motion.   I hope this answers your question(s). Sincerely, Kevin Spencer www.spencerlawpc.com ... Read Answer

Yes, you need an attorney to probate the will.  Because an estate is a separate legal entity, you cannot to anything in the court system on its behalf, unless you are an attorney, because it would be considered the unauthorized practice of law. The good news is that you a Will of your mother, which makes things easier.  If your mother died with no debts, then you can probate the Will as a Muniment of Title, which, simply put, is to probate it for purposes of making it a title document.  You can then file the Will and Order probating it in the deeds records, which functions as a title transfer document allowing you to own and sell her two real estate properties as she could have if she was alive.  Neither of these types  of probate is very expensive, but it is recommended that you probate the Will  because title to the properties right now is the name of your mother's Estate and the Will is not binding to transfer title to you until it is probated. I hope this answers your question. Sincerely, Kevin Spencer www.spencerlawpc.com ... Read Answer