I was involved be a creditor to my friend who died without a will. An administrate was appointed by the probate court.
Stephen's answer
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Answered on November 09, 2023
The creditor is protected because the probate laws require the executor to notify the creditor that the debtor is dead. The executor provides the...
Does a homestead with shared tenancy in the entirety become 50% of an intestate's probate estate in TX?
Stephen's answer
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Answered on November 09, 2023
Try to work things out with the creditor. Later when she tries to refi or sell, any competent title company or lender is going to require the...
What are the rights to property in Texas with undivided interest in the property?
Stephen's answer
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Answered on November 09, 2023
You are tenants in common and each has separate legal title to his or her half. You have equal rights to possession and can sell or transfer your...
Is this a good answer to debt lawsuit from my bank?
Stephen's answer
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Answered on November 09, 2023
No, it's not a good answer. You deny everything unless you are positive that you owe this. Then you research whether you owe the debt. Your...
Can my nephew claim all the assets in the house including lawn equipment?
Stephen's answer
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Answered on November 08, 2023
No, but the Will needs to be probated. The executor named in the Will needs to see a lawyer.
Since certain assets cannot be divided, the assets...
Texas small claims court, an attorney for the D filed a Plea in Abatement, which the JP granted w/o a hearing. Is this legal?
Stephen's answer
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Answered on November 08, 2023
Did you respond to the plea? A plea in abatement is sworn and the affidavit is some supporting evidence, but I would have thought the judge would...
Can I plead the fifth if there is no criminal offense involved but the answer exposes my personal details as a character witnes?
Stephen's answer
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Answered on November 07, 2023
Sometimes we have to do our civic duty and go to court and testify, even if it is unpleasant to do so. Divorce trials often reveal very personal...
Can you file charges against someone for putting false information on a death certificate and refusing to correct it?
Stephen's answer
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Answered on November 07, 2023
No you cannot make a criminal complaint to the police for something like this. The district attorney is the person that decides if charges are to...
Filed Chapter 7 on 10/25 Home is covered with exemptions however paying a little late and want to reaffirm mortgage.
Stephen's answer
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Answered on November 07, 2023
As to timing of the motion to lift stay: A creditor can file a motion to lift stay if you breach the loan agreement in any way, monetary default...
Texas burial plot
Stephen's answer
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Answered on November 06, 2023
I would lean your way based on the facts that you describe. In Texas, the probate estate is almost never closed formally to deal with issues such...
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