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Janice Miles

Janice Miles’s Answers

26 total


  • Can I sue my sisters and their husbands so that I can freely see my mother and be a part of her life in her last years?

    Janice’s Answer

    You need to get an Elder Law Attorney. They deal with these issues daily.

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  • What Can I Do to Make Sure My Niece is Safe and Secure!

    Janice’s Answer

    Call Child Protective Services immediately. CPS has removed children from homes for less. You could be named your sister's "Safety Plan." A home study would be done on you and the child would live with you in your home until her mother's situation stabilizes. Please don't wait. Abuse repeats itself and it usually escalates.

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  • Should real estate be sold before or after probate is closed? How is money distributed?

    Janice’s Answer

    In Texas, this would be strictly against the law. All beneficiaries must be provided a copy of the will in this state. Try going to the court where your mother's will was probated and ask to see all the documents filed in the case. These are public record.

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  • What is my husband's recourse for his step mother taking his father's estate in its entirety.

    Janice’s Answer

    He can get a copy of the probate records by requesting them and paying for them from the probate clerk's office. If his father left everything by will to his widow and the will is valid, your husband would not have a valid claim on his father's estate.

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  • I've sued my landlord (small claim) for my security deposit, but he died before we could go to court, how do I sue the executor?

    Janice’s Answer

    You can make a claim against the estate by filing it with the court where the probate was done. Then you become on e of the creditors of the estate. There are court records which will tell you who the executor is. These are public records.

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  • Do I have a right to information on the disposal of the estate, is it reasonable to expect my father's house to be on the market

    Janice’s Answer

    You are entitled to an accounting of the estate's assets. Further, if you suspect you are being cheated, you have the right to petition the court to remove the executor.

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  • If a party in fla owes me money in NY and writes paid in full on the bottom of a check and we cash it can we sue if it was wrong

    Janice’s Answer

    When there is a notation on a check "paid in full," if the debt is not actually paid in full by the amount on that check, you should not cash it. Cashing the check would indicate your agreement to accept that amount as full payment.

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  • How can I find a pro bono lawyer for myself and husband in our county? The process is tedious & mind boggling without legal help

    Janice’s Answer

    Legal Aid Society or your local Bar Association or Bar foundation would be a good start.

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  • Please help, my grandparents passed away leaving no will so all children owned the home. No one wanted to pay taxes.

    Janice’s Answer

    Just on the little we have to go on here, I would say his part is his separate property, and his siblings' purchased share is owned 50/50 with your mother. Sounds like a law school exam question. Anyone agree?

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  • When can I ask exectrux for accounting under texas probate law and how much detail can I request

    Janice’s Answer

    I agree, after 15 months under Texas Probate Law, you can demand an accounting. After two years you can petition the Court for an accounting and distribution. Yes, you would file this action in Probate Court, or if your area is not large enough to have a separate Probate Court, you would file your petition in the civil court having jurisdiction in your area. You deserve to have your concerns addressed by a court of law.
    If there is misconduct by the executrix in the handling of the estate, you can petition the Court to have her removed for her conduct. If possible, it would be best for you to retain an attorney to protect your rights and act as your advocate. You are entitled to receive the benefit of your bequest.

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