Texas Estate Planning Legal Questions

In Texas, one spouse's community property interest in the home can pass to the other by Will or, if there is no Will, under the Texas laws of descent and distribution.  Transfer on Death Deeds and "Lady Bird" Deeds (General Warranty Deeds Reserving an Enhanced Life Estate) are typically use to transfer the home to the next generation free of Medicaid Estate Recovery.  These should be carefully drafted by an attorney to make sure that (1) title only passes after both spouses are gone and (2) title passes within the family, avoiding the possibility of a child's spouse inheriting, remarrying and, by Will or otherwise, seeing the house pass to the new spouse or that new spouse's children.   You can find a local elder law attorney using the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys (www.naela.org).  ... Read More

Whether or not you had children together is irrelevant.  Whether he had a child with someone else affects how his separate real property, if any, passes under the Texas laws of descent (real estate) and distribution (personal property). Pensions, 401(k)s and IRAs pass to the designated beneficiaries.  If you are named as the beneficiary, they pass to you.  If no beneficiary is named, pensions pass according to the rules of the pension plan, 401(k)s pass to the surviving spouse and IRAs pass to the estate.  Since IRAs are usually created with community assets, they are usually viewed as community property.  The surviving spouse retains her 50% community property interest.  The deceased spouse's community property interest passes according to his Will or, if there is none, according to the Texas laws of descent and distribution. In Texas, even if the home was separate property, purchased before the marriage and paid for with separate funds, the surviving spouse has a right to live in it for life. Please see a local probate attorney about probating (proving) your husband's estate.                ... Read More

It means two things.  First, you agree that you do not need to know the date of the hearing and be present.  Second, it means that you agree that your stepmother should be able to administer your father's estate free of court supervision.  This means that she does need to submit an inventory but does not need the court's permission to sell, for example, your father's car and does not need to provide an accounting to the court.  A beneficiary may nonetheless request an accountign 15 months after the executor is appointed. Are you sure that a Will is being probated?  Ordinarily, beneficiaries are notified after, not before, a Will is admitted to probate.  In an intestacy, heirs are asked to sign a distributee's waiver of notice and consent to application for independent administration before the hearing.  ... Read More

If you are not a blood relative of this person, and his family is now coming to assert ownership of his property and belongings, you cannot legally change the locks of his home. Even without a will, a person's belongings pass by a law known as intestate succession, so the relatives coming out of the woodwork have a legal claim to the residence as well as any other items of value he left behind. They can assert this claim by filing a small estate affidavit in the county where your friend died.... Read More

The illegitmate child is an heir of your husband.  The only way he or she would be excluded from inheriting property is for your husband to execute a Will that dictates how his property should pass, as opposed to the heirship laws of the state of Texas controlling.  A Will providing for an inheritance to anyone other than that child will disinherit that child. Sincerely, Kevin Spencer www.spencerlawpc.com ... Read More

If your seven grandchildren are over the age of 18, all you need to do is write a simple will leaving the lake house to each of them by name in equal shares. If they are minors, and you expect that may not all be of legal age to take possession of property, you can leave the lake house in your will to their parents for the use and benefit of your grandchildren. Both you and your spouse should make sure you have wills in place and consult a local estate planning attorney to draft these documents for you so that your family will have no complications wrapping up your affairs.... Read More

You may draft your last will & testament as you please, but it is advisable that you list all of your children in your will so that their identities are known and to prevent others from coming forward and claiming to be a rightful heir upon your death. You may gift as much or as little of your assets to your children as you please, but it is probably a good idea to include all of their names for identification purposes.... Read More

Your nephew is probably not the best choice for your mother's power of attorney. A power of attorney has the right to take legal action on behalf of another person if he or she is incapacitated in some way. I would strongly recommend finding a knowledgeable estate planning attorney and scheduling a consultation appointment with your mother so that she can make an informed choice about what exactly she is granting by naming this relative as her power of attorney.... Read More

Yes, if you are being named as a beneficiary on any kind of financial product (life insurance, retirement benefits, etc.) you will need to be identified by your social security number to ensure the company properly pays the claim once it is due to you. Many people have similar names, so the SSN allows the company to properly identify the proper party for payment when a claim is made.... Read More

Because your uncle has a daughter, she is legally entitled to take his property when he passes away under Texas law (assuming he is unmarried with no other children). Your uncle will need to execute a simple will that states you are to inherit from him rather than his daughter. This can be done for a small fee with a reputable estate planning attorney.... Read More

There is a lot to unpack in your question. Did your father have a will? Did you (or anyone) report your brother's theft while your father was alive? If your father had a will, you need to bring it to the attention of the probate court where he died. If he did not have a will, you will likely need to handle his estate through a process known as administration. Because you mention undue influence and breach of fiduciary duty, I assume your father had a will in place. But I could be in error. In any case, please contact an estate planning attorney as soon as possible to prevent further waste of your father's estate assets.... Read More

I'm not entirely sure I understand your question, but I gather that you and your spouse are separated and living in Texas. In the event that you purchase a home in your sole name, that property will be considered community property because you bought it while being married. If you'd like to buy a house on your own and have it be considered your sole and separate property, you need to get a divorce from your spouse and then buy the home.... Read More

Your power of attorney has nothing to do with your mother's debts. Debts are generally addressed by the estate of the person who passed away. You may become responsible for debt if you were a co-signer or otherwise responsible for the debt along with the person who dies.  As for credit cards with your husband, that may be considered community debt.  You may write your wishes down, but it would be better to have formal Wills drafted to decrease the problems that could arise with any other type of Will you may draft on your own.... Read More

As the Administrator, he has full power to remove her from the house and to sell the house.  But, as Administrator (I assume this is a dependent administrator) he can do so only with court authority and approval, which requires a motion or motions to be filed requesting such authority.  Good luck! Sincerely, Kevin Spencer  www.spencerlawpc.com... Read More

There is no time requirement for completing the administration of an Estate in Texas.  As long as there is a continuing need for the administration, the Estate may remain open.  If there is no continuing need, then it should be wrapped up and distributed as soon as reasonably practicable. Sincerely, Kevin Spencer www.spencerlawpc.com ... Read More

You probably need to file a small estate affidavit for both of your parents in the counties where they died. If your mother and father died with less than $50,000.00 in assets (not including their homestead real estate), you may file a small estate affidavit to transfer their assets to your name. It's unclear if you have siblings, but if you do, each of you will own equal shares of the property left behind. I recommend you contact an estate planning attorney to advise you on the specifics of your case. Good luck.... Read More