If I can't afford a lawyer but feel the need to have a will created just in case, what is the best option? There are some templates online but what is a good way to have one that at least is (something), until I could get a lawyer?
If you have property, you need a will and probably can afford one. Seek a consultation and determine what a lawyer would cost before assuming you can't afford it and doing it yourself.See question
What reasons would you need to hire an attorney for an intestacy case when you are the only heir? When the state of Texas laws outline of how the estate is to be distributed?
You are proving to the Court, creditors, and the world that you are the only heir. The Court staff and an appointed attorney ad litem review the documents provided by your attorney. Everyone must be convinced and a determination must be made whether an administrator of the estate is required. The law is not in dispute; the facts, however, must be proven.See question
I don't know where to start. My father died in March. I need to change the deed to his home to my name. Do I just go to a title company?
Probate is the process to transfer someone's assets at death. If there is a will, you file it for probate. If not, you will have to explore other options, such as a declaration of heirship. Consult with a probate attorney as to which option works best in the full circumstances of this estate.See question
If my parents put it in their will that we cannot sell the house because it has to stay in the family, how legally binding is that? They don't want my brother sister and I to sell for any reason when they are gone. But my sister doesn't want to li...
Essentially, the question is has full title passed to you and your siblings? If so, then you can sell it. If it is restricted in its terms so that full title is not conveyed, such as it is in a trust, then maybe not. Whether something is binding is based on two factors: 1. the proper wording of the will; and 2. the agreement or not of those impacted. If you and your siblings agree to sell after your parents' death, it is highly likely you can sell the house.See question
She co-owned the home with her boyfriend, 50% each, he just passed away recently, since my mom's percentage of the house is listed as the estate of, does that mean it needs to go through propane still? I am the only living child left, do I have a...
You have inheritance rights but must prove you are the sole heir by going to court. That is what probate is for.See question
My 17 year old sister (who turns 18 in June 2016) moved in with me. Her father lives in another country and does not obtain her Birth certificate, she does. We live in Arlington, Tx and I am trying to get a form/paper stating she is under my care....
First priority is admission to school. Call the school and discuss with them how you can get her enrolled. Other issues are solved by a SAPCR proceeding or guardianship. If there is an existing custody order concerning your sister, you need to go to that court for a modification of the SAPCR. If not, you can consider a guardianship and should consult in person with a guardianship attorney.See question
If what is left after legal fees is 18,000 and there is a brother of full blood and two half sisters what would each of them inherit?
If the heirs are truly half-blood of the deceased, they inherit half as much. If, however, we are talking about the Decedent's children, they are all full blood to the Decedent. In other words, you are either a blood descendent or not, so half blood calculations only come into play when he heirs are remote, i.e. nieces and nephews, for example. Here is the statute.
Texas Estates Code 201.057:
If the inheritance from an intestate passes to the collateral kindred of the intestate and part of the collateral kindred are of whole blood and the other part are of half blood of the intestate, each of the collateral kindred who is of half blood inherits only half as much as that inherited by each of the collateral kindred who is of whole blood. If all of the collateral kindred are of half blood of the intestate, each of the collateral kindred inherits a whole portion.
I already have the affidavits prepared by a Texas attorney for the death of my daughter (I am in Washington State) that have been signed and notarized by witnesses. Now the bank is telling me they have to be "court filed". When I called the cour...
Here is what is clear to me from you question: If the only asset that you can't access is a $1000 bank account, then further pursuit is probably unwarranted. You are dealing with a bank insistent on technicalities of the law despite the small amount. To do a small estate affidavit will cost $250 out of pocket, not mentioning the cost, hustle, and likelihood of failure (because you won't have an attorney). Here is what is unclear: if your daughter had other assets, real property, investment accounts, etc., then a small estate affidavit may be inappropriate and you need to consult an attorney for a more thorough probate process. Good luck, and bless you for your loss.See question
I care for a 12 year old who currently lives with me and we are moving to Ireland for 2 years. She and her father want her to go and he has sole custody. What is best and easiest for him to give us temporarily while in another country? Can he sign...
I've changed the practice area to Child Custody so you get an answer from family law attorneys. I think that to have anything anyone in Ireland will follow you need a court order. Since there is an existing custody order, you need to file a modification and would need an attorneySee question
HE TOOK CARE OF HER WHILE LIVING.
You need to investigate the entire estate to determine the best option. Is there a will? Is there real property? Are there other assets other than the bank account? If this is the only asset and there is no will, the bank may accept a court-approved small estate affidavit. All other options would be too expensive for just a $1800 asset. If there is real estate or other assets, probably an heirship proceeding and administration would be the best option.See question