Jessica Anne Newill’s Answers

Jessica Anne Newill

San Antonio Estate Planning Attorney.

Contributor Level 12
  1. I AM EXECUTOR ON FATHERS WILL. DO I NEED TO FILE PROBATE?

    Answered almost 2 years ago.

    1. Kevin Matthew Koel
    2. Jessica Anne Newill
    3. Joseph Michael Pankowski Jr
    4. Calvin T. Sun
    4 lawyer answers

    I agree with the prior answers. A person is not an executor until they are appointed by the court. The will simply nominates someone as executor. You need to have a probate attorney review the will and other estate planning documents, as well as any deeds on the property, documents regarding any other assets, etc. Most attorneys offer a free consultation so at least consult with someone to get an idea of what needs to be done. Good Luck! Jessica Newill Newill Law Firm

    13 lawyers agreed with this answer

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  2. What can we do to stop my cousins from taking everthing from my aunt for themselves ?

    Answered almost 2 years ago.

    1. Charles Adam Shultz
    2. Jessica Anne Newill
    3. Jacob Scott Pelley
    4. Robert William Haley
    5. Kathleen Elizabeth Curler
    5 lawyer answers

    If your aunt has capacity she can revoke the POA and execute a new one. If a guardian has been appointed by the court, then she clearly does not have capacity and cannot execute a new POA. However, it is unclear whether a court has appointed a guardian or not. To verify this you can request records from the County Clerk where your aunt resides. If there is no court appointed guardian, you may need to go down that road yourself and seek appointment. If there is, you may need to seek...

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  3. Two people that are not married bought a house and one of them happens to die do the children of deceased have claim to half

    Answered over 1 year ago.

    1. Jessica Anne Newill
    2. Charles Adam Shultz
    3. James P. Frederick
    3 lawyer answers

    I am assuming the children are only the deceased person's children, and are of no relation (blood or adoption) to the survivor. It is impossible to answer this without reviewing the deed on the property to determine how the property is titled. The property could be titled in one person's name, in both, or be held as joint tenants with right of survivorship, etc. This information is necessary to determine what ownership rights each party has in the property. The other potential issue is...

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  4. Is a joint account in the bank or savings considered part of the estate at the death of one of the account holders.

    Answered about 2 years ago.

    1. Jessica Anne Newill
    2. Byron Keith Barclay
    3. Melbourne Timothy Berlinger
    3 lawyer answers

    Sorry to hear about your Dad. Generally a joint account is not part of the estate and is considered non-testamentary and thus avoids probate. Accounts held as joint tenants with right of survivorship, payable on death accounts, and life insurance proceeds payable to a named beneficiary, are all examples of non-probate assets. There are a few exceptions for multiple party accounts without right of survivorship and convenience accounts. These are not payable to a surviving party to the...

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  5. Hi my husmand died almost 1 1/2 ago, he doesn't really have an estate. He died without a will.

    Answered about 2 years ago.

    1. Jessica Anne Newill
    2. Steven Drew Baker
    3. James P. Frederick
    3 lawyer answers

    Sorry to hear about your situation. You don’t have great options here. I would ask the bank what they would be willing to accept as proof. It may be they will only accept Letters of Administration (meaning they want a formal probate and proof of an Independent or Dependent executor). Some banks don’t ask a lot of questions (usually small town banks in my experience) and will turn over the funds. Others have very strict requirements. When there is no will, there are usually three...

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  6. Is a illegitimate child considered a "lawful lineal descendant" in a will?

    Answered about 2 years ago.

    1. Orsen E. Paxton III
    2. Jessica Anne Newill
    3. Curtis Hastings Schwake
    3 lawyer answers

    I agree with the prior answer. You need an attorney to assist you. Even if you come to your own conclusion, you will need to be represented in a court proceeding so you might as well get an attorney sooner than later. Websters is not going to be relevant here. You should look to the will itself to see if it defines "lawful lineal descendants," "descendants" or "children." The langauge of the will controls unless there is ambiguity or the words are susceptible to more than one meaning....

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  7. My father recently died. He has a will. The executor has declined. Now what do I do?

    Answered over 2 years ago.

    1. Jessica Anne Newill
    2. Nicholas Abaza
    3. Mitchell Allan Port
    3 lawyer answers

    Usually a will nominates an executor and then a second priority executor who steps in if the first nominated executor declines or fails to qualify. If the first has declined, and the second has as well, or there is no second, the declining executor may renounce or waive his right to serve in favor of another qualified person. If the declining executor doesn’t want any involvement and doesn’t want to do a waiver of right to serve, any interested person may apply to admit the will to probate....

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  8. I need info on how to request a transfer of guardianship of person and estate in Ohio to Texas. Will I need an Attorney ?

    Answered over 1 year ago.

    1. Jessica Anne Newill
    2. Charles Adam Shultz
    3. Joseph Michael Pankowski Jr
    4. Kelly Scott Davis
    4 lawyer answers

    I agree with the prior answers. You will probably need legal counsel in Ohio and Texas. Texas has statutory authority which allows for receipt and acceptance of a foreign guardianship. If you have to initiate a guardianship and/or conservatorship in Ohio, and then want to transfer it here, Texas Probate Code Section 892 provides a mechanism to do so. However, even though Texas will accept a transfer not all states will transfer a guardianship and/or conservatorship. An Ohio attorney could...

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  9. Widowed mother dies, leaves no will. What is the easiest and least expensive way to get her house in one of her children's name?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. John Gus Zgourides
    3. James P. Frederick
    4. Jessica Anne Newill
    5. Kelly Scott Davis
    5 lawyer answers

    I agree with the prior answers. Your surviving brother can certainly agree to deed you his interest. However, issues may arise depending on who gets your deceased brother's interest and their willingness to give you their portion and whether your disabled sister has the capacity and willingness to give you hers and whether she is receiving benefits, as any inheritance or gifts could jeopardize benefits she may be receiving. You need to find an attorney who practices in Comal County to...

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  10. Would a small estate affidavit approved by the court in Texas work for me to be able to receive stock option of deceased husband

    Answered over 2 years ago.

    1. Jessica Anne Newill
    2. Giacomo Jacques Behar
    3. Wendy Renee Whitt
    3 lawyer answers

    You should talk to your current lawyer about this. You wouldn't do an affidavit of heirship or heirship proceeding and a small estate affidavit, it would be one or the other. I believe you may be confusing affidavit of heirship with an heirship proceeding, but not sure. An affidavit of heirship is done outside of court and is filed in the county deed records. After five years the information in the affidavit regarding heirs of the decedent is presumed to be true. An heirship proceeding...

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