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Texas Estate Planning Legal Questions

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167 legal questions have been posted about estate planning by real users in Texas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Texas Estate Planning Questions & Legal Answers - Page 6
Do you have any Texas Estate Planning questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 167 previously answered Texas Estate Planning questions.
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Recent Legal Answers

How do I get the home in my name if my mom moved out of her home before she died and I took over the home and the payments?

Answered 12 years and 5 months ago by attorney Mr. David L. Leon   |   1 Answer   |  Legal Topics: Estate Planning
You will need to use the probate process. The correct process depends on whether or not your mom had a will and/or debts.
You will need to use the probate process. The correct process depends on whether or not your mom had a will and/or debts.

Would a Statutory Durable POA override a spouse?

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
I think the POA overrides the prior spouse, even if the prior marriage is ruled valid. I do believe, at least in my state, PA, a married person can designate whoever he or she wants as agent in a POA notwithstanding blood or marriage. WHere blood or marriage come in is with the will, for inheritance. Make sure he has a will, so in the event the last wife would contest the estate and the prior marriage be ruled in her favor she wont get the bulk of the estate. See a local TX lawyer for more specific details regarding TX law. ... Read More
I think the POA overrides the prior spouse, even if the prior marriage is ruled valid. I do believe, at least in my state, PA, a married person can... Read More

How can I go about making a free will?

Answered 12 years and 6 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
I do not know what a free will is. If you want to make a last will and testament in Missouri, you should have an attorney draft and execute it.
I do not know what a free will is. If you want to make a last will and testament in Missouri, you should have an attorney draft and execute it.

Can I invoice the estate for my labor?

Answered 12 years and 8 months ago by attorney Mr. David L. Leon   |   1 Answer   |  Legal Topics: Estate Planning
As an executor, you are entitled to compensation by the probate code. Usually, it's five percent of non-liquid assets. Your attorney should be able to handle that for you.
As an executor, you are entitled to compensation by the probate code. Usually, it's five percent of non-liquid assets. Your attorney should be able... Read More

Can I find out about my father's will if I don't have a copy?

Answered 12 years and 8 months ago by attorney Dara J. Goldsmith, Esq.   |   12 Answers   |  Legal Topics: Estate Planning
Usually Wills are lodged with the court. I would start my investigation by checking to see if the Will has been lodged with the Probate Court. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More
Usually Wills are lodged with the court. I would start my investigation by checking to see if the Will has been lodged with the Probate Court. This... Read More

When you become an administrator of an estate, how do you know your duties?

Answered 12 years and 8 months ago by David J. Strachman (Unclaimed Profile)   |   37 Answers   |  Legal Topics: Estate Planning
The duties are set forth in Rhode Island statute and case law. You have been invested with great authority by the court and need to have counsel guiding you.
The duties are set forth in Rhode Island statute and case law. You have been invested with great authority by the court and need to have counsel... Read More

Is it customary that beneficiary decendancy go to direct heirs, by bloodline, of a trust when an heir dies?

Answered 12 years and 8 months ago by James P. Frederick (Unclaimed Profile)   |   19 Answers   |  Legal Topics: Estate Planning
It is possible to do this. I am not sure it would be the most common way for it to go.
It is possible to do this. I am not sure it would be the most common way for it to go.

Can I sue my father's girlfriend and my uncle for dividing my father's belongings without my knowledge?

Answered 12 years and 9 months ago by Frances Ann Headley (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Estate Planning
It depends upon who your father's beneficiaries are.
It depends upon who your father's beneficiaries are.

Can I get control over my father's estate if I live in a different estate than he does?

Answered 12 years and 9 months ago by Michael Edmund Yeksavich (Unclaimed Profile)   |   32 Answers   |  Legal Topics: Estate Planning
Has your father died?
Has your father died?

How can I put my father’s property and vehicles in my name?

Answered 12 years and 9 months ago by attorney Mr. David L. Leon   |   1 Answer   |  Legal Topics: Estate Planning
The answer depends on what property your father had. If it is just vehicles, then you can use the vehicle title forms. If there are bank accounts, then you would likely use a small estate affidavit.
The answer depends on what property your father had. If it is just vehicles, then you can use the vehicle title forms. If there are bank accounts,... Read More

Can I set up multiple living trusts and put different properties in each?

Answered 12 years and 9 months ago by Edward L. Armstrong (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
You can set up multiple living trusts to hold different properties. You should retain counsel to do this as there are some things that you will need to do with each of the trusts.
You can set up multiple living trusts to hold different properties. You should retain counsel to do this as there are some things that you will need... Read More

Do I have to leave each child something when I do my estate planning?

Answered 12 years and 10 months ago by attorney James E. Reed   |   35 Answers   |  Legal Topics: Estate Planning
No.
No.

What is the probate process after a parent's death?

Answered 12 years and 10 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   17 Answers   |  Legal Topics: Estate Planning
The person named in father's will needs to petition the court to be appointed personal representative. Probate should be started in the county he called home, or where he had assets; if there is real property, there will have to be a probate in that state. Get a lawyer to help with this process. It is far less expensive to do it right from the beginning than to fix it after the fact.... Read More
The person named in father's will needs to petition the court to be appointed personal representative. Probate should be started in the county he... Read More

using my beneficiary designation, can I leave part of my life insurance to my estate so my executor wil have immediate funds, and the rest to my kids?

Answered 12 years and 10 months ago by Robert Barnhill III (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Paul - you can leave your life insurance proceeds however you wish, but to do so, you must sign the beneficiary designation form with your insurance provider.  Contact your insurance agent for the necessary form.
Paul - you can leave your life insurance proceeds however you wish, but to do so, you must sign the beneficiary designation form with your insurance... Read More

Am I responsible for paying these medical bills after he passes and can anybody take the life insurance from me for his bills that are owed?

Answered 12 years and 11 months ago by Victor L. Waid (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
The life insurance beneficiary is to receive the benefits free from any liens. Don't let anyone tell you otherwise.
The life insurance beneficiary is to receive the benefits free from any liens. Don't let anyone tell you otherwise.

Can my husband put his name on the deed of his brother's condo if he has a POA over his assets?

Answered 13 years ago by Erven T. Nelson (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
That depends on the language of the POA. If it authorizes him to deed properties, he can do it. But, he may face claims from other heirs or beneficiaries.
That depends on the language of the POA. If it authorizes him to deed properties, he can do it. But, he may face claims from other heirs or... Read More

How can I make sure that I would not lose my mother’s property?

Answered 13 years ago by attorney Mr. David L. Leon   |   1 Answer   |  Legal Topics: Estate Planning
Assuming mother did not have a will, you can file heirship affidavits and deeds to re-title the property to your name. You can then pay taxes and keep the property. You will need a probate lawyer and/or a title company to assist you.
Assuming mother did not have a will, you can file heirship affidavits and deeds to re-title the property to your name. You can then pay taxes and... Read More

If a mother dies, are her children responsible for her mortgage?

Answered 13 years ago by attorney Mr. David L. Leon   |   1 Answer   |  Legal Topics: Estate Planning
Do you want to keep the house? Did either of you cosign the note?
Do you want to keep the house? Did either of you cosign the note?

If one heir out of 6 refuses to sign for a house to be sold, is there a way the others can sell it without that signature?

Answered 13 years ago by attorney James Bloomfield Oberholtzer   |   19 Answers   |  Legal Topics: Estate Planning
You will have to go to court either as a probate proceeding or a partition action.
You will have to go to court either as a probate proceeding or a partition action.

What can I do to get my mother's remains from my grandmother?

Answered 13 years ago by Douglas A. Tull (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Estate Planning
Perhaps you could file an action in court and ask a court to order the remains to be turned over to you. Not sure of the legal theory. The fact that you paid the funeral bill doesn't give you a right to the remains. Your grandmother (her mother) is a "next of kin", just like you (as a child) - at least under the laws of intestacy in Michigan. So she may have a right to the remains - on an equal footing to yours. Perhaps a judge will be willing to play Solomon and divide the ashes amongst the next of kin.... Read More
Perhaps you could file an action in court and ask a court to order the remains to be turned over to you. Not sure of the legal theory. The fact... Read More

How can I regain my assets after signing a POA?

Answered 13 years ago by attorney Mr. David L. Leon   |   1 Answer   |  Legal Topics: Estate Planning
You notify the person to whom you granted the power that the power is no longer in effect. You should also notify any third parties who have seen or accepted the power of attorney (for example a bank.) A simple one or two sentence letter should suffice. If the power of attorney was filed in county records, then I would file a revocation with county records as well, just to be safe.... Read More
You notify the person to whom you granted the power that the power is no longer in effect. You should also notify any third parties who have seen or... Read More

do i have to put my execetor to my wills name on my house deed in order for her to sell it

Answered 13 years ago by Robert Barnhill III (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Leslie - no.  Do not put anybody else's name on your property while you are living.  At your death, your executor will be able to sell the house even if your name is the only name on the deed.
Leslie - no.  Do not put anybody else's name on your property while you are living.  At your death, your executor will be able to sell the... Read More

Can we do anything about my father’s estate from Tennessee or do we need to do something in Texas?

Answered 13 years and a month ago by Donald C. McLeaish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If no will, wife and children get all . If a will, all goes to designated heir.
If no will, wife and children get all . If a will, all goes to designated heir.

I was with my man for 14 years he just passed away am I entitled to anything?

Answered 13 years and a month ago by Kathleen Delacy (Unclaimed Profile)   |   22 Answers   |  Legal Topics: Estate Planning
Delaware does not have common law marriage so if no will, no.
Delaware does not have common law marriage so if no will, no.

I was with my man for 14 years he just passed away am I entitled to anything?

Answered 13 years and a month ago by Gerald A. Bagazinski (Unclaimed Profile)   |   22 Answers   |  Legal Topics: Estate Planning
You are not his next of kin.
You are not his next of kin.
Estate Planning
Texas

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