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Jessica Anne Newill

Jessica Newill’s Answers

216 total


  • Is home legally mine parents died n there was no will, I got all paper work including title

    my mom n dad died this past year, and their was no will. I got all paper work on the home including title. is the home legally mine?

    Jessica’s Answer

    It is impossible to tell without reviewing the documents. If title is still in your parents names, absent a transfer on death provision, you will have to utilize a probate procedure to transfer title. You need to talk to a probate attorney. There are various probate methods for intestacy (when someone dies without a will). Generally they are affidavit of heirship, small estate affidavit and a determination of heirship. Which one to use is fact specific. An attorney can review the documents and facts to guide you to the proper procedure. Good luck.
    -Jessica

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  • Is it more beneficial to get an EIN, even if I won' have employees? What about trademarking my logo, business name, etc?

    I am looking to legitimize my small business. Or at least, move it from being considered a hobby to a legit business. It is run out of my home. I understand that sole proprietorship businesses do not need an EIN, that I can use my SSN for income ...

    Jessica’s Answer

    I would recommend meeting with a business attorney and probably a CPA. The typical course of action in situations like yours is to form an LLC and prepare a company agreement (although another entity may be better, depending on circumstances), file assumed names for the business name, and consider trademarking (assuming you have a mark that is capable of being protected). An LLC will provide you as an individual with insulation from liability for the business obligations (unless you sign personal guarantees). This means if there is a lawsuit, the business gets sued. If you are a sole proprietor and there is a lawsuit, you get sued. Good luck.
    -Jessica

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  • Do I need an attorney for adoption in san antonio texas?

    My step daughters father gave up all rights and I want to adopt her. I have a purple heart as I am a disabled veteran and by her becoming my legal daughter, she gains access to all it offers. I've been waiting for this day for 2 years now and I'm...

    Jessica’s Answer

    If the father's rights have been terminated or he is willing to relinquish, that will make things much cheaper for you. You could try Legal Aid, although you will need to determine if they handle adoption and if so, whether you qualify. (http://www.trla.org/get-help/do-i-qualify) If that doesn't pan out, you should sit down with an attorney who can go over all the costs with you. There are inherit and unavoidable costs to adoption, aside from attorney fees. Good luck!

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  • Surviving spouse entitlements

    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 ...

    Jessica’s Answer

    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.

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  • How do I appoint a U.S. Attorney from the UK, to help me obtain probate to gain funds from my fathers checking account in the US

    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 ...

    Jessica’s Answer

    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.
    -Jessica

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  • Me and my fiance have been engaged we have one daughter together and are pregnant with another.

    If one or the other passes can we sell ech others things or do our parents get our things?

    Jessica’s Answer

    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!

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  • Does someone apply for guardianship in the state where the child or guardian resides?

    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?

    Jessica’s Answer

    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.
    -Jessica

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  • Both my parents passed away without a will. We are 5 siblings and we don't get along on how and who should be administrator.

    Do I need an attorney?

    Jessica’s Answer

    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.

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  • If my dad owned the house we live with along with his brother (50/50) & he passed can my mom or his children inherit the house?

    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...

    Jessica’s Answer

    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.

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  • How do I use a different name legally instead of my real name? (similar to an artist stage name)

    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?

    Jessica’s Answer

    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.

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