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Richard M. White Jr.

Richard White’s Answers

5 total

  • Can the Personal Representative of estate, at time of sale, place proceeds of real estate sale in the Estate bank account?

    The will authorizes PR to sell property. Probate Court clerk said PR can sell without deeds of distributions and that attorney MAY offer to keep the money in an escrow account. However, the attorney for the buyer of real estate says that he MUST k...

    Richard’s Answer

    The answer is probably governed by the terms of your written contract.

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  • Court appointed administrator of the estate of my late father is about to close the estate. Other heir has an attorney, I do not

    I never get many or complete answers to questions from this administrator. Feel like I am being shut out and that other heir is privy to all information because of having a lawyer. Also, I live in a different state than the other heir who lives wh...

    Richard’s Answer

    No you do not have to have your own attorney, but you would be well advised to retain one. From your question it appears you have little to no idea what your legal rights may be. An attorney in the state where the estate is being probated could tell you.

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  • If my Mom has debt when she dies, do we her children not inherit her house because she owes debt?

    I was told that if my Mom dies, and she still owes debt, on the house and other places, that we will lose everything. Also, I was told that if she doesn't have a professional help her with her will, that we will lose everything. Is this true?

    Richard’s Answer

    In many states a person's homestead is exempt from claims of creditors. Your mother definitely should see a member of the Texas Bar familiar with estate planning issues while she is able to do so.

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  • Florida - Land title

    My father died and left a small piece of land that was titled in his name alone. He was married to my mother when he purchased it and they were still married when he diedbut her name isn't on the deed. I'm not sure what to do to get the land re...

    Richard’s Answer

    Depending on your father's other assets, you will probably need to engage an attorney to do a formal administration or a summary administration for you. Summary administration is generally available when the assets do not exceed $75,000 in value.

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  • My husband made a will for himself over 20 years ago when he was divorced leaving everything to his 3 kids from 1st marriage

    We have been married 22 years and have 2 children together. We have no will. If my husband should die, would the first will be in effect? Who would inherit his estate? Since I am his wife, would I inherit it automatically or is the will he made ...

    Richard’s Answer

    You are what is referred to as a "pretermitted spouse", and your rights will depend upon your state statute. I practice law in Florida, not Missouri, but the applicable statute appears to be at http://www.moga.mo.gov/statutes/C400-499/4740000235.HTM.

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