Texas Estate Planning Legal Questions

You need to look at the title of the house. If you're on the title, then you have an ownership interest. If you're not, then you may have only an equitable interest if you divorce. If you want to be sure, hire a title company or real estate lawyer to prepare a deed from him to both you and him.... Read More

Mr. Johnson: I would have to see the Power of Attorney to tell you for sure.  But, based upon your question as you have written it, the answer to your question is: "NO".  The attorney-in-fact was not granted the authority to create an irrevocable trust and, therefore, exceeded his/her authority and the purported irrevocable trust  woudl be invalid as an irrevocable trust ab initio (from the beginning).  It is that simple.  But, again, I would have to see what the other provisions of the power of attorney say and what other authority may have been granted. Sincerely, Kevin Spencer www.spencerlawpc.com ... Read More

A Power of Attorney is a sharing of rights between living people, and it is void upon the death of the principal. Not to make light of a death, but dead people do not own property - that is the role of probate. There is no requirement that a will be presented for probate, but often a properly executed will is the simplest way to start the probate process. See what property remains in the decedent's name, and if that property cannot be transferred to the heirs or beneficiaries (real estate, financial accounts with no named beneficiary), contact a local attorney to see what form of probate best suits the needs of the estate.... Read More

In Texas there is a simple form of probate where the will is admitted as a Muniment of Title only. If that was the form of probate, then the order proving up the will is sufficient to transfer title to the beneficiaries - there is no other document necessary. If there was an administration where an executor was appointed, it was that executor's duty to transfer the house into the beneficiaries name(s) by recording a deed of some kind. If this was not done, you may need to contact an attorney to get the court to order the administrator to do his job.... Read More

If you have an interest in your father's estate, you can file an application for a probate administration, or file a contest if your brother or someone else has started one. However, if you have a trust, it is possible all of your father's assets were placed in trust and no probate is necessary. Look to real estate records to see if real property you think your father owned is actually in his name or in the name of a trustee. If everything is in trust and you are a beneficiary, you can sue the trustees for breach of fiduciary duty. If you are not a beneficiary , you may be out of luck.... Read More

For a will to have effect on real property ownership in Texas, the will must be presented to a Texas probate court and probated in some fashion. No one is required to probate a will. If you have an original will to probate, you can offer it within 4 years of the death of your grandfather. After 4 years it might be admitted as a muniment of title, but formal administration is not an option. If your mother was your grandfather's only heir (heirs are determined by law , beneficiaries are designated in a will) and no will was presented for probate, full title of the property would pass to your mother. Your mother's interest in the property could have transfered in full to your father at her death. If you and your siblings want to sell the property, I'd make sure you have some ownership in it first.... Read More

A power of attorney is a delegation or sharing of rights by a living person and is invalid after the death of the principle. An agent acting under power of attorney should have the document, though in Texas a copy of the document has the same force and effect as the original. Also in Texas, a medical power of attorney and a statutory durable power of attorney are generally 2 separate documents governing medical and financial matters, respectively. The statutory form for power of attorney in Texas requires the principle sign before a notary.... Read More

Show the nursing home and any other relevant third party who might purchase your mother's property the revocation (It must be in writing, and your mother must have had legal capacity at the time she executed it). If your mother still has capacity, she can voice her own desire to leave with you. If your mother has lost capacity due to dementia or other mental deterioration, you may need to file for guardianship for her.... Read More

If your parents reside in a community property state, or in a marital property state, then your mother would likely be held responsible for any debts your father incurred during marriage. Note that there are rare exceptions to this rule, and your mother may wish to consult with an attorney regarding her options. On the other hand, your father's children would likely not be held responsible for his debts, unless they entered into some type of personal guarantee.... Read More