James Brian Thomas’s Answers

James Brian Thomas

Dallas Probate Attorney.

Contributor Level 14
  1. My Daughter has a settlement in Florida that she can get when she is 18 We live in Texas

    Answered almost 4 years ago.

    1. James Brian Thomas
    2. Eliz C A Johnson
    2 lawyer answers

    A minor might receive funds for any of a variety of reasons, and it isn't all too clear why your daughter is entitled to funds in this case. The "settlement" could be from an injury claim or some sort of inheritance. With a court case number in hand, you can do some investigation yourself. The Clerk will copy and mail to you any part of the file you'd like to have, so long as their fees are paid. If her father has been appointed as her guardian, most states require annual accountings of...

    Selected as best answer

  2. Attorney in Guadalupe county needed

    Answered 27 days ago.

    1. Gary Don Peak
    2. James Brian Thomas
    3. Shelley Ann Elder
    3 lawyer answers

    This forum isn't a message board that attorneys use to solicit business, or that potential clients use to solicit attorneys. The "Find a Lawyer" tab on the top of the page is for that. You should look for a probate attorney that practices in or around the San Antonio / San Marcos area. There will be plenty to choose from, and some of them would probably be willing to visit with you briefly at no charge to get you pointed in the right direction.

    3 lawyers agreed with this answer

  3. How or where would you find info on whats been recorded or filed on an estate? i searched public records and could not find any.

    Answered 11 months ago.

    1. James Brian Thomas
    2. Raymond Ellis Daniel
    3. Michael Ross Miller
    4. Kendall Shane Cockrell
    5. Maria Sara Lowry
    5 lawyer answers

    Chalk this one up to being careful about what you sign. In many circumstances, it would be common for you and your brother to sign waivers like this, and it is very likely that there is nothing out of place about it. But, when you waive notice, you don't get notice. Your sister's lawyer does not represent you. Should you care enough to have an attorney look out for your own interests, I would take the time to locate and hire one. If you're simply interested in seeing what has happened,...

    3 lawyers agreed with this answer

  4. County court took guardianship of all fathers assets. Trying to sell his assets. Has 3 living children (heirs)

    Answered 12 months ago.

    1. Kendall Shane Cockrell
    2. James Brian Thomas
    3. Maria Sara Lowry
    3 lawyer answers

    Guardianships are not created on a whim. If the Court appointed someone to manage your father's personal care or financial affairs, it did so because the Court received facts that made that appointment necessary. If done correctly, and assuming that the guardianship is permanent, you also received notice of the proceeding and were given an opportunity to participate, but you don't explain why you did not. I don't meant to doubt you without the benefit of all of the facts, but I don't buy...

    3 lawyers agreed with this answer

  5. Can you recommend a probate attorney in the Dallas area that will work on contingency?

    Answered over 1 year ago.

    1. David M. Pyke
    2. James Brian Thomas
    3. Steven John Clausen
    3 lawyer answers

    Mr. Pyke is absolutely right. Depending on the facts of the case, many excellent lawyers might work with you. But you don't really give any facts to evaluate. Contingency work involves a risk (sometimes high) that we may not be paid for our work. Anybody interested in taking that risk is going to want to know more before they commit to potentially working for free.

    3 lawyers agreed with this answer

  6. I inherited my father's interest in his home with my stepmother retaining the other half and keeping it as her homestead.

    Answered about 3 years ago.

    1. Charles J. Smaistrla
    2. James Brian Thomas
    3. Steven J. Fromm
    3 lawyer answers

    In all practical senses, these items should probably be divided in half, and you'd do well to gain some kind of agreement from your stepmother. The expenses are not yours to bear alone. The reality is that agreement and consensus is rare in these cases, and you may simply need to stand by and be ready to pick up the pieces when the taxes aren't paid or the house falls into disrepair. Your stepmother is a life tenant, which is what grants her the right to occupy the home. That position...

    3 lawyers agreed with this answer

  7. How do I establish guardianship for my own child in the state of Texas?

    Answered about 3 years ago.

    1. James Brian Thomas
    2. William R. Hayes
    2 lawyer answers

    Depending on what you previously secured in Michigan and the type of benefit that your child was awarded, you may be able to transfer your guardianship status to Texas through the same courts that initiate guardianships originally. Or, you may be looking at starting from scratch in Texas. Parents in Texas are considered the natural guardians of the "person" of their children, but are not naturally deemed the guardians of the child's "estate." In Texas, there are dozens of alternatives to...

    3 lawyers agreed with this answer

  8. I did some accoumting work for a client who passed away about 4 months ago. He owed me approx. $8,000.

    Answered about 3 years ago.

    1. Nicholas Abaza
    2. James Brian Thomas
    3. Sara K Yen
    4. Richard Norwood Evans II
    5. Arthur Harold Geffen
    5 lawyer answers

    As suggested, you might consider retaining counsel to seek an administration that you initiate as a creditor. It certainly forces the issue and compels the family and/or heirs to move forward in order to protect their own interests. Probate law for creditors in Texas is filled with some very unforgiving timelines and form requirements. Many estates are handled without these formalities, but a significant number of them are. Call me cynical, but you might be surprised at the number of...

    3 lawyers agreed with this answer

  9. How can i obtain a letter of testimony?

    Answered about 3 years ago.

    1. James Brian Thomas
    2. Lawrence Frederick Dietlein Jr.
    3. Arthur Harold Geffen
    4. John F. Younger Jr.
    5. Sonya F. Mittelman
    5 lawyer answers

    I'm very sorry for your loss. Letters Testamentary is what the bank has asked for. They are not obtained online. These Letters are issued by the County Clerk when the probate court appoints an individual to act as the executor or administrator of the estate. While it is far easier to obtain them when there is a Last Will and Testament, Letters of Administration are the equivalent that you could seek in the absence of a Will. Either route requires the help of an attorney, and even with a...

    3 lawyers agreed with this answer

  10. I have Power of Attorney for my dad. If he is deemed incompetent by a physician, is there any additional steps I need to take?

    Answered over 3 years ago.

    1. James Brian Thomas
    2. David L. Carrier
    3. Joseph M. Masiuk
    3 lawyer answers

    Sadly, there are a lot of power of attorney forms that float around. Whether or not the one your father signed accomplishes everything that he (and you) want depends almost entirely upon the document itself. Outside of some of the great general comments you've received here so far, an attorney would need to review what you have in order to give you any real degree of certainty. Bear in mind that getting the Court involved is usually a last resort. Even the Court will tell you as much....

    3 lawyers agreed with this answer