Texas Estate Planning Legal Questions

Hello Cheryl, If both people on the title were not married, then the motorcycle almost certainly does not go solely to the surviving person. For example, if the girlfirend passed away, her half-ownership of the motorcycle would be inherited by her beneficiaries/heirs. Her beneficiaries/heirs would be determined by whether or not she had a Will. So if the girlfriend passed and her Will says that all of her property goes to her mom, then her mom would now co-own the motorcycle with the boyfriend and the two of them would have to sort out how to handle it. The mom could buy the motorcycle from the boyfriend (half of market value would be a fair place to start) or the boyfriend could buy out the mom. The notable exception is if the title of the motorcycle had a right of survivorship. If the title had right of survivorship, which would be indicated by the words "Survivorship Rights" on the title, then all the boyfriend would have to do is fill out a new Application for Title with the girlfriend's death certificate to get a title solely in his name. More information on a title with rights of survivorship can be found here: https://www.txdmv.gov/sites/default/files/form_files/VTR-122.pdf. Best,James M. Ringel... Read More

It is not clear to me whether your parents created one will which they both were supposed to sign or two separate wills - one of each of them.  If it's the first RUN to a local estate planning attorney and get it done right.  If its the second and it was not done by an attorney, again RUN to a local estate planning attorney and get it done right.   Second you may be the named executor in the will, but you have absolutely no power to do anything until such time as the will is probated and you are appointed as executor by a probate court.   Finally, most attorney's who are estate planners can arrange for tghe appropriate people to assemble in hospitals or nursing homes to facilitate the execution of wills appropriately under Texas law.  It requires more than just signing it.... Read More

Yoou could try.  Depending on the county you are in, some county courts, which exercise probate jurisdiction, sometimes allow individuals who are not lawyers to represent themselves.  Probate courts in larger counties, like Dallas or Houson will not let a non lawyer represent themselves.... Read More

A very open ended question.  A very open ended answer is "It depends!" And it does, there are so many things that go into designing and implementing an estate plan that accomplishes your goals based upon your assets, beliefs, wants, etc, that it is impossible to answer without knowing a great deal more. Suggest you engage an estate planning lawyer to assist you.... Read More

Depending on the terms of the reverse mortgage will depend what happens when you pass.  Typically these loans have a window for repayment after which the real estate belongs to them.  You might be able to do a TODD or LAdy Bird Deed of your interest, but until you meet with a lawyer who is versed in these areas, I would not recommend this as a DIY project.... Read More

A quit claim deed is a deed without warranties of title from the owner of the property to one or more individuals or entities.  It effectively (even though it is not a great way to transfer title) removes the title from the owner's estate.  When the owner who deeded the interest away dies, the property is not part of his estate and thus not subject to his will or intestacy laws.... Read More

In Texas a surviving spouse has a lifetime right of occupancy in the home.   Your father's Will may or may not say that he contracted with your mother not to revoke the Will in order to provide for her and for children of their marriage.  If it does not, he could Will the home to his new spouse.  You are correct that she could give up her right to a community property interest in the home in a valid prenup (or a valid Marital Property Agreement).  She would still have a lifetime right of occupancy and, if she paid on the mortgage or made other financial contributions, a right to be reimbursed for them.... Read More

In Texas people can leave their things to whomever they wish.  You might consider contesting the Will if you have evidence tending to prove fraud, lack of legal capacity or undue influence.  Your description indicates none of these.  The last two can be very difficult to prove.  A Will contest can cost as much or more than you might inherit with no guaranty that you will win.... Read More

After the Affidavit of Heirship has been recorded by the county clerk, the three children of your deceased grandparents can each sign a Special Warranty Deed of Gift deeding their interest to you and record these with the county clerk.  It is not a DIY project.  It is also not expensive.  Hire an attorney to make sure that it gets done right.  Neither occupancy nor paying taxes gives you any ownership interest.... Read More

After the court appoints an administrator (you, if you applied), the administrator can distribute separate personal property to the children according to the Texas rules of inheritance.  If you are the applicant, you might also want to talk to your attorney about setting aside the home and up to $60,000 in personal property for the widow (you) and about the fact that property purchased during the marriage is assumed to be community property unless proven otherwise.  These days a lot of folks feel entitled to "their" money and stuff before the body is cold.  But no one has authority to distribute anything until a court appoints them executor of a Will or administrator of an estate or signs an Order Approving Small Estate Affidavit.... Read More

If that is all your son left, you may not need to go to court but you will need to file a Small Estate Affidavit, wait for the judge's signature and find a bank which will accept it.  In any event, we have had independent administrations in Texas since 1843.  Probate here is neither as expensive nor as time consuming as you may imagine.... Read More