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Marcos P Martinez
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Marcos Martinez’s Answers

211 total


  • When no Will exist, death certificate un-obtainable, causing Probate dilemma, what can be done in this situation?

    Maternal great grandfather was a World War I Army Veteran who passed away in 1974, no Will exist, unfortunately his Army records were consumed in noted 1973 Washington DC fire consuming countless Military records and files, Smith County Texas fune...

    Marcos’s Answer

    If your concern is real property here in Texas, then you could likely accomplish your goals with an affidavit of heirship. As always, it's best to have legal assistance to make sure this is done correctly, especially given the basic facts you outlined above. This is not an expensive process, but you will want to be sure it is done correctly. Best of luck!

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  • How do you fill out an heirship affadavit and a quitclaim deed?

    The property is in my grandmother's name and she is deceased. She has two sons living.

    Marcos’s Answer

    This is a bit too involved to answer over Avvo.com. That would require links to examples and instructions on how exactly to do it. Your best bet is to find a local attorney that can ensure that it is done properly, both procedurally and in terms of getting the proper heirs and consents. You don't want to do this incorrectly and then run into much more expensive issues down the road. What you need will not take very long, so you should be able to find an attorney that can do it for a relatively low price.

    However, if you are dead set on doing it yourself, you should be able to find examples if you look around around online. But again, I do not recommend that.

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  • As heir of an estate in Texas, how do I get the Independent administrator removed?

    My sister and I live in Canada, we are the heirs of our mother's estate as determined by the courts, she didn't have a will. We agreed to have our step-father appointed as the independent administrator of the estate in 2011. We have not received...

    Marcos’s Answer

    There are many reasons why you can have someone removed as administrator. Unfortunately, none of those should be attempted without an attorney's assistance. Moreover, you are likely going to want to recover any estate assets that he has wrongfully taken or misapplied. Again, such efforts are best handled by an attorney competent in the area.

    Having said all of that, you should know that "independent" administrators in Texas have a great deal of free reign over the estate assets. Technically, he has the power to sell any and all assets in the estate, so long as such sales are done reasonably and properly, and so long as the ultimate beneficiaries receive the proceeds of any such sale.

    Lastly, there are other avenues available to you if you are merely seeking information and an accounting of your inheritance. Your step-father is obligated by Texas law to be accountable for his actions and can be held liable for any mishandling of the estate assets.

    I wish you and your sister the best of luck, and I hope that you seek legal assistance before any further assets are raided inappropriately.

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  • Dad died step-Mom's lawyer is wanting and my sister to give up our rights to his estate without supporting documents of what?

    Step-mom said the will was "void" b/c it was written as if both of them died (I haven't seen will). She originally asked us to sign for house and car but when I received documents it lists 5 different (very vague) items like "all right to descend...

    Marcos’s Answer

    Get an attorney. Now. It sounds like they are trying to take you for a ride, and you would be foolish to take them on without legal assistance. The attorney's job is to represent the estate, which includes all beneficiaries, not just the executor (which I presume is your step-mom). I can also tell you that the will is not "void" just because there is language in there that is ambiguous.

    I could go on, but the primary point here is that you should go hire an attorney to protect your interests.

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  • I have two questions about wills

    Does it matter how old the will is? Can u probate a trust fund? Also a legal document was left to me and younger brother that states that we can sell the land that was left to us.

    Marcos’s Answer

    You have a number of questions that rely on documents that should be closely reviewed. I would strongly recommend that you seek an attorney to review the documents so that he/she can give you more informed and reliable answers. Having said that, I will try to give you some general answers.

    A will is valid until it is revoked by its creator. After death, the will must be probated within four years, but this can be longer under certain circumstances. After this time, there is a chance that it will not be held valid by the court and thus the assets of the deceased will pass by state intestacy laws.

    As far as the trust fund, it all depends on the language of the trust, but there should be no need to probate a trust fund. The terms of the trust will almost certainly delineate who the successors to the trust are to be. If, however, the trust terminates upon death and is distributed to the beneficiary's estaet, then you would need to probate the assets as if it were any other asset of the estate. Short story, you REALLY need an attorney to review the trust document to determine what must be done with the trust, if anything.

    Lastly, the legal document you described is hard to address without knowing its actual terms and conditions (if any). Furthermore, you would need to know how the property was left to you and your brother.

    In closing, you really should seek an attorney. It is impossible to give you substantive advice on such little information.

    Best of luck!

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  • My friend's mother was left with an inheritance under a will by her suggar daddy. How long until she actually receives it?

    Well here is the story, my friends mother recently contacted me and informed me that an older man she use to be with left her 27 million $. His lawyer was looking for her for 3 weeks straight to inform her about the amount that was given to her. ...

    Marcos’s Answer

    I am concerned that Ms. Lowry may be correct. $10,000 is an awfully high amount just for an attorney to represent a beneficiary where there is no dispute. I would immediately look into these attorneys to make sure they are being upfront with you.

    If everything is legitimate, then the answer becomes much more complex. If there are no disputes or complexities, distribution could be as soon as a few weeks. However, in large estates, these things can often take much longer.

    I wish you the best.

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  • Mineral rights?

    My sister passed away and had a will and left everything to her husband. She has one son from a previous marriage. We recently learned that my parents sold property and kept mineral rights. We have been approached to drill on the land. Will my sis...

    Marcos’s Answer

    If she left everything to her husband, then it is his heirs that have an interest in the mineral rights. You should have an attorney closely review your sister's will. Best of luck!

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  • Sell land that was left to u

    My father left about 2 acres of land to me and younger brother. It said we can do anything with it as we please. Is that paper legal enough to sell it with our names on it? Also we have his will too. What do we need to sell it? He has already pas...

    Marcos’s Answer

    You did not say "what" said you could do anything with it. If you mean the will, then you have a few methods available to you, but each will require court action. There are some very simple and inexpensive options available to you if you only need the property sold. I would suggest that you contact an attorney in the county that he lived so that you can explore your options and you can discuss the pros and cons of each. Best of luck!

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  • Am I allowed to file an Affidavit of Heirship with the county if a Will was probated through Independent Administration?

    For convenience in management, my deceased son was named as one of the owners of my house. The house is paid off and rented out. He died leaving a Will which was probated through Independent Administration in 2001. The Order was filed in the count...

    Marcos’s Answer

    As long as his wife is still the executor, she can just deed it over. However, his interest in the house must pass according to his will. You may need to speak to an attorney to make sure that you are doing this all properly.

    Best of luck!

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  • Transfer Grandparent Homestead

    Hello All, My grandmother (Grandfather deceased) cannot afford to live in her house anymore but wants to stay there, I am already willed everything but want to limit my taxes. I told her if she would transfer the property to me now I wil...

    Marcos’s Answer

    You have a few options and to do any of them properly will certainly require an attorney's assistance. Some examples of your options include getting the home outright as a gift, getting it a an early bequest, waiting until she passes to take the home, placing the home in trust or doing a sale of the home in exchange for an installment note.

    If you want to avoid probate entirely, then you will need title of the home to transfer prior to death or upon death. This would mean that you lean towards a trust or other such vehicle.

    You really need to sit down with an attorney to figure out your best options. Much of it will depend on the entire fact scenario including your own assets/liabilities and estate plans. As far as taxes are concerned, you will not have any inheritance taxes, but her estate may have some if its value is over the exemption amount.

    Long story short: go see a qualified attorney.

    Best of luck!

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