Texas Estate Planning Legal Questions

The trust probably allows the trustee to terminate only in certain circumstances, such as the trust purpose can no longer be satisfied or there is not enough assets in the trust to justify its existence. The former usually occurs because there are no living beneficiary to meet a condition. The latter is usually provides the trustee to terminate if the assets are under a definite value.... Read Answer

First of all, I'm sorry to hear of your loss. The man who adopted you at two years old is legally your father. As such, you are entitled to inherit from him. You don't say if your father left behind a will or not, but if he did, that would dictate what you're specifically entitled to from his estate. If he did not leave a will, you are still entitled to inherit from your father, although the intestate succession laws would determine what percentage of his estate you are entitled to. I strongly recommend you have a consultation with an attorney in the area where he lived to discuss your options further. Good luck.... Read Answer

If your mother left behind any assets (bank accounts, insurance policy proceeds, etc.), those monies are to be used to pay her debts. If she did not, then the estate is insolvent and will be unable to pay her creditors. It's unclear from your question whether or not your mother left behind a last will & testament, but it's a good idea for you to consult with a local attorney familiar with estate planning for more guidance.... Read Answer

Texas is a community property state, so once your father married your stepmother, the property and income they acquired became community property. Because your father died without a will, the Texas intestate succession laws apply. They determine who is entitled to what part of your dad's estate. Because he left behind a fairly large amount of property, it is necessary for his estate to go through the legal proceeding known as administration. Please make sure to consult with an attorney who is experienced in this type of law. Your step mother's 401k belongs to her. It will be up to her to determine who should inherit it because from your question it appears she is still alive. If she writes a will, that will determine who is entitled to her 401k and retirement accounts.... Read Answer

If your father died without a will, it is possible you can wrap up his affairs with what is known as a small estate affidavit. If his assets were worth $50,000.00 or less (not including his homestead), this simple procedure will allow you to transfer title of his assets to his heirs. I recommend consulting a local attorney for more information about this option.... Read Answer

You received this money as the result of a life insurance payout. Regardless of how much of the money you actually get to keep, proceeds from a life insurance policy are not taxable. For more information about this, please check out this useful IRS FAQ page: http://www.irs.gov/uac/Taxable-or-Non-Taxable-Income%3F-1 It doesn't appear you have anything to worry about, but if you really want to be sure, consult with an accountant.... Read Answer

This is a tricky question. The answer depends on a few things. First, did the buyer pay any kind of earnest money for the property to your relative? If the answer is yes, and that buyer executed and filed a deed, the buyer may have technically owned the land before you inherited it, meaning that you essentially inherited nothing. If the answer is no, the terms of the sales agreement prevail. My strongest recommendation is to consult with a local attorney who is familiar with real estate and estate planning law as soon as possible to find out what your rights and obligations are.... Read Answer

I think it's useful to discuss the different between what happens when someone does have a will, and when someone doesn't. In Texas, a person who dies without a will is known as "intestate." In that case, with your father's set of facts, the rule is that if he died intestate and had no other children outside of his marriage to your mother, your mother would indeed take everything upon his death. Because your father had a will, this default rule does not apply. The details and contents of your father's will determine what you are indeed entitled to. If your mother has begun the probate process, she will be required to submit an original version of his will to the court where it will then be made public. You can then see what his will said by looking up the case information online (available in many of the larger counties in Texas) or by contacting the county clerk's office. It appears as though your father made provisions for you in his will, but it's a good idea to consult a local attorney experienced in probate matters to discuss the specifics of your case. That way you'll have all of the information you need to decide how to move forward. Good luck.... Read Answer

If your parents are deceased, and the sister has the original will AND she's refusing to probate it, you can file an action in probate court forcing them to deliver the original wills to the court clerk. If you can't afford to pay a lawyer to do it, you might check with a local law school and see if a legal clinic or law professor can assign a student attorney to do it for you.... Read Answer

It's a bit unclear what happened, but I'm going to attempt to answer your question in either scenario. If your aunt signed the deed over to your sister, then it is no longer your aunt's house because she sold it to her (or gave it away) when she transferred the title to her. If, instead, your sister prepared a deed and forged your aunt's signature, this is an invalid transfer. You didn't say whether or not this new deed done by your sister was filed in the county deed records, but the best thing to be done is to contact a local attorney for a consultation about this matter. If your aunt is still alive, this matter can be resolved relatively quickly with either a correction deed or a title examination.... Read Answer

It appears that the quit claim deed was executed after the will was signed by your mom and is a valid conveyance. As long as the transaction occurred in good faith between your mother and the grantee to the quit claim deed, he or she has a valid claim to the real property. To be on the safe side, I strongly recommend you get a consultation with a local attorney.... Read Answer

Yes, your beneficiaries can be any one that you choose. However, you want to make sure that whoever you name as the executor of your estate knows where and how to find your beneficiaries so that if you pass away, your executor will be able to easily contact your beneficiary so that he or she can get their share of inheritance. For specific advice about your estate plan be sure to contact a local attorney.... Read Answer