I am married, 72 years old. My wife is 73. We are both retired. We both have children from previous marriages. I have three girls, she has two girls. We both have individual retirement accounts. Mine more substantial than hers. I have my girls as ...
As the other answers state, you need to get wills done asap. If you die without a will, your wife and children will become co-owners of any probate assets (in various proportions depending on whether the property is community or separate and real or personal). This is usually a disaster and leads to family discord. Spend the money now to save your family the grief of untangling a mess.See question
I have been granted letters of administration here in the UK and have dealt with his UK estate. My father died in the UK, having moved back here from the USA at the end of last year. He still holds funds in the U.S. In a checking account and I am ...
Assuming your father left a written will that was probated in the UK, it is likely you will need to file for ancillary probate of a foreign will here in Texas. You should consult a Texas probate attorney who can review the facts of your case and guide you in the correct direction.
Best of Luck.
If one or the other passes can we sell ech others things or do our parents get our things?
Every person who is over 18 and has capacity to make a will should have one, particularly people with children. An estate plan establishes what happens in the event one of you dies, as well as establishes a plan for your children in the event both of you die. You and your fiancé should consult an estate planning attorney in your area to prepare wills and ancillary documents. Good luck!See question
Mother recently passed and has no will. Brother is next of kin and lives out of state. When he files for guardianship does he do it in his state or the one where his sister currently resides?
If there is no surviving parent, he probably will need to pursue guardianship and a probate procedure if the mother owned assets that are subject to probate (meaning anything owned in her name that does not automatically transfer on death). If the minor child stands to inherit, guardianship of the estate may be necessary (although a guardianship alternative may be available). Guardianship of the person would be necessary to determine where the child lives and make decisions about her person. He should consult an attorney where the child resides (which I am assuming is where the mother resided) first to determine whether probate is necessary and where guardianship should be filed. Best of luck.
Do I need an attorney?
Yes, you absolutely need an attorney. I have handled cases of this nature and without agreement amongst the siblings, they are generally complex. You should consult a probate attorney in San Antonio to determine the best way to proceed.See question
My dad owned the house we live in along with his brother. My dad passed away a few years ago but supposedly what we've been told by my uncle is that the house is only under my uncle's name now. Why? Shouldn't his wife or kids inherited it? Or have...
This would depend on 1. whether your father died with a will or not, and 2. whether there is any sort of survivorship or beneficiary designation in the deed (although rare it is possible). Real property records for Bexar County are available for free online, so I would look up the deeds on the property to see how it has been titled in the past and is currently titled. Then I would consult with a probate attorney who can advise you as to whether you have any interest in the property, and if so the proper procedure to change title.See question
Hello, I am thinking of starting a business soon but I do not want to use my real name I want to use a different name similar to how celebrities use stage name. I want to know how can I do that legally?
If you are referring to using a dba or "doing business as" name, I would not recommend doing so. Using a dba in a situation where you are a sole proprietor of a business and you simply use another name to transact business has no liability protection. An example would be I sell handmade rugs. I set up a business with no business entity and then I file a dba where I do business under the name "Holly's Handmade Rugs." If you get sued as a result of doing business in this situation, you will be individually liable. The better alternative is to set up a business entity for your business and file a dba for the business entity. Usually an LLC will do the job, but you would need to consult an attorney to confirm.See question
I provide contracting services residential and commercial. Landscaping concrete masonry construction etc.... I currently have a contract but I do not feel like it is very solid and would love to get a real attorney to create terms and conditions ...
I would recommend hiring an attorney or firm that has experience in construction and business. The firm I work for does construction litigation and has a transactional practice related to small business, so I would recommend finding a similarly situated firm who regularly drafts contracts and sees the litigation side of contracts when things go bad.See question
Do I need to remove the names of my 2 brothers off of the deed if they are no longer living
You need to consult a probate attorney in San Antonio to assist you in determining whether an affidavit of heirship will work in your situation. A probate procedure will be necessary to remove them from the deed, unless the deed has survivorship provisions, which is unlikely.See question
dad has needed help paying his bills so he added me to his accounts. Dad had surgery last week and died. what happens to these accounts now. this is in Texas
It will depend on how the accounts are titled. This will govern whether the accounts are probate assets and pass under the will or non-probate assets meaning they pass outside of probate. For example if it is a joint tenant with right of survivorship account, the account would pass to the survivor outside of probate. Gather the documentation on the accounts and consult with an attorney in Texas.See question