Sally S. Andrews’s Answers

Sally S. Andrews

Houston Estate Planning Attorney.

Contributor Level 4
  1. In the state of Texas can a married couple have a joint will or do they have to have seperate wills?

    Answered over 1 year ago.

    1. Arthur Harold Geffen
    2. Anna Rebecca Valkovich
    3. Sally S. Andrews
    4. Orsen E. Paxton III
    4 lawyer answers

    A Post Nuptual Agreement is sometimes used in a situation such as yours if there is major concern of a challenge from the children of the previous marriage. Such agreements are considered contracts, and hard to break in Texas. The California land is best put in a trust, however, and thus it appears a trust with a pour-over Will for you each will best serve your needs. The trust will be a revocable trust until one of you has died, in which case a good part of the trust becomes irrevocable.

    5 lawyers agreed with this answer

  2. Can I remarry since I do not know the where abouts of my husband whom I've been separated from since 2001?

    Answered over 1 year ago.

    1. Mark Anthony Cohan
    2. Sally S. Andrews
    3. Fran Brochstein
    4. Charles Emmerich Hardy
    4 lawyer answers

    Fran Brochstei's answer is right on point. Go one more step if there is a divorce of record: obtain a certified copy of that decree by determining the court in which the decree was filed. If it is not merely a divorce but has any provision for property that was community, including retirement benefits, you may need to investigate whether a declaratory or other action against him is necessary. You also need to be sure that the person with your husband's name is/was your husband, and not...

    3 lawyers agreed with this answer

  3. I got divorced in florida on feb2 and remarried in texas on march 2 is the marriage valid if it was before the 30 days

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Sally S. Andrews
    2 lawyer answers

    You are married in Texas. Technically you could be considered not to be married until after the 30 days. However, no one is going to complain if you use the earlier day. Also in Texas we have common law marriage and so you were married as soon as released by Florida law. Sally Andrews

    2 lawyers agreed with this answer

  4. How can a Social Security disabled person get legal guardianship of an 11 year old stepchild in Texas?

    Answered about 2 years ago.

    1. Sally S. Andrews
    2. David L. Carrier
    2 lawyer answers

    The safest way to proceed is to obtain a signed Application for Guardianship by the child's mother; otherwise she may change her mind and oppose your becoming Guardian. If you have the funds, you should pay an attorney to draft this for you. If you cannot afford this, call first the Houston Volunteer Lawyers at 713-228-0732 to qualify for free attorney work, although you should expect to pay the filing fee of $248.00 See how long it will take your case to be accepted IF it will accept. You...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. How do i transfer title from my sister-in-law and my deceased spouse to me?

    Answered over 1 year ago.

    1. David M. Pyke
    2. Orsen E. Paxton III
    3. John S. Fason
    4. Sally S. Andrews
    4 lawyer answers

    Have you decided you want to stay in the home and can you afford to do so if the mortgage is paid off? If not, and if the life insurance is not payable to the mortgage holder, consider not doing so. Since you are not on the mortgage, you have no obligation to stay and to pay the mortgage. I am concerned about your putting insurance on a home until it is determined that is in your best interest and that of your four children. If the insurance is payable to you, only 10 % would go into the...

    1 lawyer agreed with this answer

  6. My husband passed and left our kids as beneficiaries on his life insurance policy. Is there a way that I can access the funds

    Answered over 1 year ago.

    1. David M. Pyke
    2. David Grant Voeller
    3. Orsen E. Paxton III
    4. Sally S. Andrews
    4 lawyer answers

    In Texas most life insurance is community property and you are entitled to 1/2 the proceeds IF the policy was acquired in your marriage. If these are work benefits through ERISA, you should have had to sign off that the proceeds go to your children, as he could not sign away your rights. There may be some other way you are not entitled to 1/2 the proceeds, but the policy needs to be reviewed -- do you have it or can you get it? Is there a Will in which you are given substantial other assets?...

    1 lawyer agreed with this answer

  7. What can i do to get a life estate eviction for someone who refuses to abide by an agreement?

    Answered almost 2 years ago.

    1. Orsen E. Paxton III
    2. Steven John Clausen
    3. Sally S. Andrews
    4. James P. Frederick
    4 lawyer answers

    You have been given some good advice: the most important to hire an attorney, and not just any attorney but one who through extra education in homesteads and/or rights to real property can advise you. At a simple level, does your father have the money to pay you back? If not, no point in trying. Regardless of the agreement, as the remainder person (you), generally you are responsible for paying the insurance, and it is foolish not to do so if your father is not and the property is worth...

    1 lawyer agreed with this answer

  8. My husband died 3mos ago Do I need to probate the will or does it all go to me anyway?

    Answered about 2 years ago.

    1. Isaac David Shutt
    2. Sally S. Andrews
    3. Andrew W. Olsen
    4. James P. Frederick
    4 lawyer answers

    Mr. Olsen's answer does not match Texas law. Under Texas law anyone in possession of a Will is required to file it -- although many do not. He is also likely incorrect regarding Texas community property transfer IF your husband had any child from a prior marriage. The rest of his answer is correct.

    1 lawyer agreed with this answer

  9. My ex and I lived together for 1 year and before that off and on for 2. Do I have common law marriage rights?

    Answered over 1 year ago.

    1. Eric B. Dick
    2. Fran Brochstein
    3. Vicki Elaine Wiley
    4. Sally S. Andrews
    4 lawyer answers

    Your own statement indicates there is no common law marriage. Although you lived together, you did not consider yourself married. Even if you were to consider yourself married, your ex will stress she did not so consider herself married. The third element, whether you held yourself out as married, is not indicated on the items you accumulated together. It also sounds that if you were to go into a Justice of the Peace (J.P.) Court there is nothing you can claim as solely belonging to you....

  10. What kind of power does a Power of Attorney have and someone with a common law marriage?

    Answered almost 2 years ago.

    1. Steven John Clausen
    2. Lawrence A Friedman
    3. Sally S. Andrews
    3 lawyer answers

    As death was in Texas, Texas has jurisdiction, unless the decedent had no intention to make Texas his domicile and you can prove this. If, however, nothing was owned in Texas and there is real estate in Kansas, then Kansas has at least jurisdiciton over the real estate. Texas presumes another state's law is the same asthe law of Texas; thus the court will assume the common law claim from Kansas should be proved up the same as a Texas common law. As stated by lawyers below, the Power of...

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