Patricia B. Cole’s Answers

Patricia B. Cole

Fort Worth Probate Attorney.

Contributor Level 12
  1. Does my sister own my grandma's house?

    Answered over 1 year ago.

    1. Patricia B. Cole
    2. David M. Pyke
    3. Joseph Franklin Pippen Jr.
    4. Kelly Scott Davis
    5. Raymond Ellis Daniel
    5 lawyer answers

    Your sister does not have any given homestead rights, however, if your grandmother deeded the house to her then she may have a homestead right. Many times people misspeak about what right they are claiming, so you need to do a few things to investigate. Go to the county real property records in the county where your grandmother died and see if there is any deeds from yoru grandmother to your sister. If so then your sister owns the house. The question then becomes, why did your grandmother...

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  2. In what state do we contest a will?

    Answered over 1 year ago.

    1. Lawrence Frederick Dietlein Jr.
    2. Patricia B. Cole
    3. Raymond Ellis Daniel
    4. Jessica Anne Newill
    4 lawyer answers

    Typically a person's estate is probated in the state where the person lived or owned property. I suggest you contact an attorney in Colorado if that is where your father resided. Good luck!

    8 lawyers agreed with this answer

  3. How to obtain a copy of my deceased mothers will in Texas

    Answered over 2 years ago.

    1. Patricia B. Cole
    2. James P. Frederick
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    If you believe there is a will and it has not been filed and probated with the Court, then you can send a demand letter to your sister stating it must be turned over within 30 days of death. If it has been probated, then you can get a copy from the court in which it was filed. You should call your local county clerk to see if anything has been filed. If you are trying to get a copy of the old will, then you should contest the filed will and demand the old will in discovery. Good...

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  4. Can i changed my daughters last name to my married name? Her father is deceased.

    Answered 14 days ago.

    1. Patricia B. Cole
    2. Ian Michael Kuecker
    3. Maria Sara Lowry
    4. Bonnie Marie Bursk
    4 lawyer answers

    Yes, you would need to file a petition with the Court to change her name.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Estate is 2 yrs in probate. The Texas estate has no debts. Executor refuses to disclose & distribute assets to heirs.

    Answered over 1 year ago.

    1. Patricia B. Cole
    2. James Brian Thomas
    3. James P. Frederick
    3 lawyer answers

    Once the estate is open for 15 months, you can formally (in writing) request an accounting from the Executor pursuant to Texas Probate Code Sec. 149A. If the Executor refuses to provide the accounting to you, then you have grounds to have her removed. If you get that far and want to have her removed, you will have to retain an attorney to file an Application to Remove Executor. If you believe she is guilty of self-dealing, you would have another ground for her removal. If you are successful...

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  6. What is the process to have my mother declared incompetent? She is 80 and believes she's been cured of her diabetes.

    Answered over 1 year ago.

    1. Robert Warren Painter
    2. Patricia B. Cole
    3. David M. Pyke
    4. Jessica Anne Newill
    5. Don Karotkin
    5 lawyer answers

    Your mother MAY BE a candidate for a guardianship. The only way to know is to take her to the doctor and ask them to assess her mental capacity. There is a Physician's Letter that you can take with you. If the doctor deems her incapaciated then you have growns to open a guardianship. If she has a medical power of attorney, they may be able to convenience her to get medical care but if she choses not to take care of her self and the treatment is life threatening then she might need a...

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  7. Can a demand letter be sent requesting information regarding an inheritance?

    Answered over 2 years ago.

    1. Patricia B. Cole
    2. Gregg Samuel Harrison
    3. Steven Drew Baker
    4. Pamela Koslyn
    4 lawyer answers

    If you feel that information is not being shared, you have a couple of options: 1. You can contact the court in the county where your loved one passed and see if a probate has been filed. The county should give you a copy of what has been filed, including a copy of a will, orders and inventory. In the state of Texas, all named beneficiaries in a will are required to receive notice and a copy of the will within 30 days of the executor being appointed; however, I have found incidents where...

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  8. Do I need to hire my own attorney for this probate case?

    Answered over 2 years ago.

    1. Steven Drew Baker
    2. Patricia B. Cole
    3. Lawrence Frederick Dietlein Jr.
    4. Stephen Neil Foster
    5. Nicholas Abaza
    5 lawyer answers

    I would be concerned since the memorandum changing the trustee is not coming from the attorney but from his client. If you are a beneficiary of a trust, the trustee should provide you with adequate information concerning changes to the trust. Before hiring an attorney, I would send a certified letter to the attorney telling him/her that you would be happy to sign the memorandum changing the trustee but that you are requesting more information concerning the estate and trust, you would...

    5 lawyers agreed with this answer

  9. Can I get a letter of testamentary without a lawyer?

    Answered over 2 years ago.

    1. Patricia B. Cole
    2. Lawrence Frederick Dietlein Jr.
    3. Sharon Denise Demarque
    3 lawyer answers

    While the Probate Code is not specific, many courts require that all parties filing for letters of testamentary have an attorney to represent them. The main reason for this is because the probate process, notice requirements, etc can be confusing. The courts also want to protect creditors of the deceased. The Texas Probate Code allows for a probate matter to be filed in the county where the deceased resided, if she had a fixed residence in this State. If the deceased had no fixed...

    5 lawyers agreed with this answer

  10. How do I get my brother removed as estate PR? His attorney too?

    Answered over 1 year ago.

    1. Lawrence Jay Davis
    2. Dennis Michael Phillips
    3. Patricia B. Cole
    4. Joseph Michael Pankowski Jr
    5. James P. Frederick
    6. ···
    6 lawyer answers

    You need to consult a Florida Probate Attorney to advise you. Your question supposes many facts that are not answered therein, so it is impossible to advise you. While I understand your frustration with your brother's overall behaviour, you can not usually remove an executor unless he has done specific things. Probate judges do not have unfettered discretion to simply remove a PR because someone shows up in court and starts complaining. There needs to be evidence of wrongdoing, and that...

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