Skip to main content
Robert Keith Morris
Avvo
Pro

Robert Morris’s Answers

6 total

  • Do I need an attorney to get promised possessions?

    My grandparents had passed away and my Uncle and Aunt (they are siblings to one another) had taken everything over. I was promised copies of pictures, some of their ashes, and some trinkets. I even have it in writing on my facebook. Now shes is re...

    Robert’s Answer

    Unfortunately unless it is in the will, you might be out of luck. However, most wills give the execute the discretion to follow handwritten memorandums regarding personal items and so the Facebook message might qualify.

    See question 
  • Texas Probate Law

    Does the executor of my wife's will have the right to come on to my property & remove her vehicle? This person claims he's "securing the estate's assets" & says he plans to sell the car to pay her debts.

    Robert’s Answer

    Not if it is your community property. Was it purchased during your marriage?

    See question 
  • Temporary Restraining Order question?

    If you are suing a sibling for rightful inheritance, and that sibling does a quit claim deed within a couple of days of your father passing, (while your father was dying with hospice care) can you place a restraining order or some type of order on...

    Robert’s Answer

    You can put a lis pendens on the property to prevent a sale and get a temporary administrator appointed to take control of the assets.

    See question 
  • Aunt passed and left home, no will. Three siblings still alive, two want to keep the property, one does not, what can they do?

    My aunt passed two years ago in Texas. There are three siblings alive. My father and one of his sisters wants to keep the home my aunt left. The other sister is just "sitting on it". The house and property aren't worth much (more sentimental value...

    Robert’s Answer

    Unfortunately no, the property is likely not divisible so if the disagreeable sister pushes the issue and hires an attorney that knows what they are doing she could file suit to partition or sell the property. The best chance is to see if your father can buy out the other sister.

    See question 
  • What percent of the appraisal price can I sell a home in probate in Texas?

    Minor while involved

    Robert’s Answer

    If there is a minor involved, it is likely that the sale will require the probate court's approval and the court will determine what percentage is fair.

    See question 
  • 1. Who is the Probate Judge in Bastrop County,Tx. 2. Should a Texas Will be Self Proving?

    3. Is it mandatory to have an Attorney for probating a Will in Texas? Wife and my will are very vanilla with no minor children. Thank you, Ernie

    Robert’s Answer

    1. The probate judge in Bastrop is the County Court Judge.
    2. A will should be self proving, if it is not then additional proof will be required at the hearing in order to prove up the will.
    3. Not mandatory, but some courts will not let you probate the will without an attorney and especially if it is not self proven.

    See question