David Michael Coffey's Answers

What do I need to do to clear up my Parents house and land?

The first thing you need to do is hire an attorney. There are a number of moving parts to getting the property sold. First, you'll need to file affidavits of heirship in the deed records. You did not mention whether your brother had a will. Assuming he did not or that he left everything to his children, your nieces/nephews likely own an interest in the property. Although they can object to the sale, you can file a partition lawsuit and the court can either divide up the property or order...

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Community Property - Affidavit of Heirship

1. True 2. Even though estranged, they are still the husband's children. 3. This may be a case where the heir's share will eventually pass to the unclaimed property fund of the Texas Comptroller of Public Accounts. This is a case where a probate administration is going to probably be necessary (as opposed to affidavits of heirship being used) in order to sell the property. Without an administration, all the children would have to consent to the sale.

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Affidavit of heirship

The children own half of the property. They aren't simply entitled to half of the proceeds. They will have to consent to the sale if you file affidavits of heirship. The only way you will be able to sell the property without their consent is to open an administration on the husband's estate and petition the court to sell the property. Given the fact that the children are estranged, it probably makes sense to go the administration route.

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How do I get guardianship or co- guardianship of two kids that I am supporting?

You may not have to go to that extent. Internal Revenue Code Section 152(d)(2) provides that an individual can be claimed as a dependent if the "individual (other than an individual who at any time during the taxable year was the spouse, determined without regard to section 7703, of the taxpayer) who, for the taxable year of the taxpayer, has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household." There are some other requirements so I suggest you...

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What is my recourse as main caregiver and medical & durable poa for Mom if 2 siblings had her sign new one without my knowing?

I would add that the 'new' durable power of attorney may not have revoked the POA your mom executed naming you alone so you may be able to act independently. But your two siblings now have what purports to be a power of attorney which entitles them to act as well. You have options, but you need to consult with an attorney to determine what course of action to take.

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What legal document is needed for custody in the event of death?

You can handle the appointment either in your Wills or in a separate Appointment of Guardian for Minor Children. If you do not already have wills, I suggest that you have wills prepared that include both the appointment of a guardian to care for you children as well as the appointment of a trustee to manage any assets they may inherit. This will allow you to name someone to have custody of your children AND manage their inheritance. It is important to name a trustee because minor children...

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We want to start another business but not sure how to stucture it.

In addition to Thomas' suggestion, you also need to file an assumed name certificate with the Texas Secretary of State.

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My husband walked out in 2002 when he retired after 22yrs of service we are still married haven't heard from him untill 2009

You may also be entitled to retiree health benefits. It is very important that you contact a competent attorney to assist you. If you can retain the services of a Board Certified Family Law specialist, that will go a long way towards ensuring that you receive all that you are justly entitled to.

How to establish guardianship of my mentally impaired and disabled adult brother?

Most courts will require you to retain the services of an attorney in order to apply to be appointed your brother's guardian. The sooner you hire an attorney, the sooner the process can begin. One question I do have for you is whether you need to take out a guardianship in the first place. If you have his powers of attorney, you should have authority to act on your brother's behalf already. Of course, that doesn't prevent your brother from acting of his own accord so I assume that he is...

Should a woman with a husband receive food stamps?

Marriage generally isn't a determining factor in food stamp eligibility. It is based primarily on one's income.