Archived
My brother passed away he had no children or spouse our father passed but my Mom is alive I understand that all his assets got t
Charlotte's answer
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Answered on April 04, 2016
You have been given great advice by Mr. Armstrong and Ms. James. The next step is to figure out what procedure is the best option for your...
Archived
Will minor children be held accountable for mortgage debt?
Charlotte's answer
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Answered on March 30, 2016
Heirs are generally not liable for the debts of the deceased person (the decedent). The estate is responsible for the debt. If the property is...
Archived
Two Wills - Incapacity - What document governs?
Charlotte's answer
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Answered on March 29, 2016
Most likely the 2012 will would govern if it is found that your grandmother did not have capacity to make the 2016 will. Speak with a attorney...
Archived
What can I do on this situation?
Charlotte's answer
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Answered on March 29, 2016
Did your husband have a will? If not, you will need to intiate an heirship proceeding and open an administration through the probate court. If...
Archived
how long do we have to give before she forfeits her portion of the inheritance?
Charlotte's answer
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Answered on March 29, 2016
I agree with the other attorneys. She cannot forfeit her portion of the proceeds. And she is not required to sign a release in order to obtain...
Archived
What can I do?
Charlotte's answer
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Answered on March 28, 2016
In Texas, it is not required to do a reading of the will. You can obtain a copy of the will by contacting the court in which the probate matter is...
Archived
Do my husband children have rights on my property if we die?
Charlotte's answer
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Answered on March 28, 2016
If the property is considered separate property, your husband would maintain a life estate interest, but his children most likely would not be...
Archived
What Should I do ? Is there anything I can do ?
Charlotte's answer
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Answered on March 28, 2016
It is important that you speak with an elder law attorney as soon as possible. If your father has capacity, he can execute documents to give...
Archived
Can I live with someone who offers to let me stay with them and make them my legal guardian?
Charlotte's answer
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Answered on March 24, 2016
Your parents would have to give consent for you to live with someone else. There is a simplified process you can use that would allow your parents...
Archived
How can I get around setting up an estate for my mother in order to get the life insurance paid out to one of her daughters?
Charlotte's answer
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Answered on March 23, 2016
If there is little debt and the total assets are less than $50,000, you may be able to use a small estate affidavit to probate your mother's estate...
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