Texas Trusts Legal Questions

This is a difficult question to answer on this forum. You should seek out an attorney who practices in the field of special needs planning. It may be possible for you to set up a Special Needs Trust or place the inheritance in a Special Needs Pooled Trust, and still qualify for public benefits. ... Read More

Mary, it is possible that you would have to file probate to make this claim, but it is unlikely. Most states have affidavit or other procedures for handling very small amounts of money without going through probate. In this way, there is no waste of time and expense for the heirs or the court systems. I know you are concerned with the expense of an attorney, but please consider hiring an estate lawyer to help you do the process correctly. It usually works out less expensively in the long run because having a knowledgeable attorney can prevent you from making errors that could drag out the standard process. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com ... Read More

Dear Jennifer, The Executor is absolutely correct.  To keep this simple, the divorce decree is a mixed bag of part court order and part contract.  Violating a court order can lead to contempt of court which can cause an individual to incur fines and/or jail time.  Contracts are considered binding and legal and trump anything written in a will.  So the ex-wife does get her half of the proceeds but no say in the selling price and does not need to sign off on papers UNLESS the divorce decree says so.  Make sure the divorce decree is reviewed.  It's a public document unless sealed so you can pay a fee and get a copy yourself.  Hope this helps. ... Read More

If the attorney refuses to do what your father wants, he needs a new attorney who will honor his requests.  If your father is incompetent, he cannot sign a new Power of attorney.  Once you have been appointed as agent under a power of attorney, you can have access to his financial records.  Then, you can investigate to see if your fears about your sisters actions over the years can be confirmed.  In most states, a court can order an agent to file an account if you can give the court some good reason to issue the order.... Read More

Of course each state is different and I am a California attorney. Here in California a power of attorney does expire at death BUT there is an exception for certain issues related to making funeral arrangements. However, that power comes from a medical directive rather than a financial power of attorney. In terms of paying for the funeral in California that is a priority claim and will be reimbursed ahead of most other expenses (other than the government) if there are assets left. However, if people steal assets after death (as often happens) it can be difficult to make your claim for reimbursement. Good luck to you. ... Read More