Personal property of the deceased jewelry, gun collection, household items , automobile & bank accounts just to name a few.
First, the Will must be admitted to probate and the Executor must be appointed by a court. Just being named executor in a Will is not enough. That person must probate the Will. Texas law requires the executor to file an inventory of the estate within 90 days of the date of appointment. Once appointed and once the inventory is approved by the judge the executor must evaluate claims of creditors and pay the valid claims from estate assets. Only after all that is done can the executor distribute the assets but it must be distributed according to what the Will says.See question
We are legal immigrants, got the medicaid for 7 months so far. We did renewal and mentioned all about the new job ( after 6 months not 10 days as they declares on the mail), Medicaid is for my child only.
Make full disclosure. Expect to have reimburse benefits.See question
My aunt was in her right mind and made several financial chooses that caused her to be over drawn. Her daughter's have not been her but 4 times in the last year Nd know are blaming me for her choices. The blame did not start until they found out t...
There is no question in your facts. What do you want to know? "they are doing all type of thing" does not tell us much. You are going to have to be specific. We cannot read your mind. How many times a child sees the parent has nothing to do with what rights or claims they may have.See question
And does it still need to go probate if there is nothing to dispute
Let me see if I understand your facts. Your mother sold a piece of property and financed it herself by getting a Deed of Trust to secure the payment of the note given by the buyers. The buyers paid off the note shortly before your mother passed away. If that is correct then there really is nothing for you to do. Your mother deeded the land to them when they bought it. What the buyers would like is a a Release of Deed of Trust Lien. Your mother should have given them one to file in the deed records when they paid the note off. But, if she didn't you have no authority to give one unless you probate her Will and are appointed as her Independent Executor. The existence of a "dispute" has nothing to do with probating a Will. Probate validates the Will and passes title to the decedent's assets to those named in the Will. Without a probate of some kind those persons will never be able to prove that they inherited her property. You really need to talk to an experienced probate lawyer in the county where she lived at the time of her death.See question
property is in Texas not homsteded
In very general terms, separate real property of one spouse is not liable for the debts of another spouse. Because your husband inherited the house, it is his separate real property.See question
My father died intestate, his land was separate property given to them by deed of gift from his parents. Therefore upon my father’s death his 1/2 vested to his heirs who are my two sisters and I. We are his only children and my mother was his only...
There will be no "charges" filed. This is not a criminal matter. If you want to protect your interest you are going to need to hire a lawyer experienced in probate and litigation and file a lawsuit. Your sister is a necessary party to that lawsuit. You state that your father died intestate but you do not state whether or not anyone opened an administration on his estate or the status of it. Property cannot be sold out of an intestate administration without a court order. If the original gift deed was a gift to your mother and father, then the language in it is going to be very important.See question
The executor is my nephew. I think he somehow coerced my mother or she may not have known what she was signing and changed the beneficiary to himself on her bank accounts. She was in her late eighties. He had Power Of Attorney after she was decl...
Yes, but you MUST hire an experienced probate litigator quickly. It is hard to get money back once it is gone.See question
I have an LLC setup in TX, and was curious what some common reasons an LLC might utilize a DBA? Thanks in advance, Jim
An Assumed Name is a tradename. It is any deviation from the legal name of the LLC which is used by the LLC. The law requires the LLC to file assumed names for every name it uses that is not its legal name. This can get extreme. For example if ABC, LLC uses simply "ABC" on signage or ads, then it is using an assumed name and it must be registered. It must be filed in two places: The Texas Secretary of State and the county clerk in the county where its principal place of business is located. The laws governing assumed names are for disclosure purposes only. Filing an assumed name does not create property rights in the name. That would be a trademark filing. The most common reason I see for filing assumed name certificates is because the company could not incorporate under the exact name it wanted. So, it incorporated under a different name and then filed assumed name registrations for the name it actually wanted to use. This can be dangerous if some other company has established trademark or copyright rights in the name.See question
I just got a copy of the inventory today, and there is no cash listed, only the house & it's contents. Is it too late to get a lawyer?
It is not too late. But, move quickly.See question