Texas Estate Planning Legal Questions

The terms of your mother's will determine you and your brother's rights, obligations, and duties with regard to settling her estate and the division of her property. If your mother is still mentally capable of doing so, it is a good idea to talk to her about these issues now while she is still alive. The division of her personal property in the home is something that she could do while living, and it would be up to her to include or exclude her husband from the process. It sounds as though your mother is quite ill, so this may not be possible. If you have a copy of your mother's will, it may be a good idea to take it to a local attorney who is knowledgeable about probate law to discuss your concerns.... Read More

The brother who does not want his interest in the property needs to sign a quit claim deed over to you (or directly to the charity) relinquishing his interest in the property. If he quit claims it to you in your capacity as Executor, then you can then deed the property to charity or to a third party.... Read More

First, I need to clarify some terminology. An executor is the person designated to handle the financial affairs of a person who died with a will. A personal representative does the same thing for a person who died without a will. Because you used the word executor, I'm going to assume that your mother died with a will. If one sibling has been named the executor of your mother's will, and the other siblings do not believe that sibling is qualified for an ethical or legal reason, the siblings may file what is known as a will contest to disqualify that named executor and have someone else named as the executor. There are specific reasons to disqualify someone from being an executor, and it's a good idea to seek counsel from a local attorney for more information about how to proceed.... Read More

In Texas there are a couple of questions that need to be asked. Was the house community or separate property? Next are there children outside this marriage, such as a previous marriage? Since you say it is your mother and father, I will answer as if your sisters are also the product of this marriage. If the house is community property, it belongs to your mother. If the house was your father's separate property, it belongs to you children. She however, has the right to live in it all of her life. Whether her stay in the nursing home is sufficient to remove that right, is a whole different question.... Read More

It's unclear from your question whether you and your ex both own the home and have equal equity in it; however, it appears as though you and your ex are co-owners of the property. In Texas, this is known as being tenants in common. This status means that you and your ex each own an undivided one half interest in the house. For more information about this type of ownership, please visit this website: http://recenter.tamu.edu/pdf/1815.pdf... Read More

As you describe the situation,the estate did have assets. It had the $5,000 you and your sibling are disputing. You are not entitled to the assets of the estate without some action, perhaps as little as filing a small estate affidavit. As much as you do not want to consider it, your sibling is in the right until you take action to give you a legal right to some portion of the $5,000.... Read More

Yes, your sibling can make trouble for you over this. If you did not go to probate court you have essentially stolen money from the estate. For an estate of this size you could most likely file a small estate affidavit with the court. You would account for expenses for cleaning and settling the estate, pay your father's bills and split the remainder with your sibling.... Read More

It depends on what the "taking" was and who did the "taking". An estate is a person like any other. The representative of the estate can take any action that would appropriate in a circumstance that did not involve an estate. Do criminal charges need to be filed? Does a demand letter preparing for a lawsuit need to be sent? How would you handle it if your money had been taken? If the "taking" was performed by the representative, action in the court appointing the representative should handle it.... Read More

This question is a bit confusing. An executor who is not fulfilling his duties can be removed by filing a motion in the probate court handling the case detailing the reasons for the executor?s removal. The motion can be brought as long as the case has not been closed. If you are asking is there a statute that requires an executor to be removed for failure to perform his duties for some period, it works a little differently. The executor can not be removed for two years in order to give the executor time to get the estate together and figure out what to do. After that it is up to the beneficiaries to ask for removal if the executor is not working. If the question is whether a statute of limitations has passed to complain about the behavior, it depends on the specific behavior and the action you wish to take. For example, fraud actions can only be brought 2 years after the person becomes aware that they have been defrauded.... Read More

In Texas, property paid for before marriage usually does not become community property. The issue is that Texas homestead rights are separate from community ownership interest. A spouse has rights superior to a creditor by virtue of residing in property that the spouse does not own. The title insurance company should be able to provide a document that says he does not have homestead rights without stating that he has an ownership interest in the property. If not, you may consider shopping for a new title company.... Read More

It depends on why you are changing the name. Since you posted in the estate planning law area, I will assume the original grantee on the deed is deceased. In order to have property taken out of a deceased person's name, that person's will must be submitted to probate (if he or she died with a valid will). If that person died intestate (without a will), there are other ways to handle this problem, namely via a small estate administration or an affidavit of heirship. Please make sure to contact an attorney to have a more in-depth discussion of the property deed in question.... Read More

A good estate plan would involve both a living trust and a will as well as possible other possibilities to make sure that your wishes for each other are fulfilled. A consultation with a competent estate planning attorney would be recommended. I would be happy to assist you if you would like. Good luck!... Read More

Ohio only recognizes a persons matrimonial status to be 1. Married or 2. Single. As long as he was married to your stepmother, she qualifies as his surviving spouse and is entitled to 1/3rd of his estate. However, if they had a written or court ordered separation, that takes away her inheritance rights, that would void her rights to any part of his estate.... Read More

I'm unclear. Did the Medicaid Estate Recovery Program send the notice regarding the parent's estate or your brother's estate? You should speak with the lawyer who probated the will. The Medicaid Estate Recovery Program is a creditor, and you would use the debt classification system of the Estates Code. I just can't tell from the email which estate MERP is going after.... Read More