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What should I do regarding a will/ trust filed in MD for my sister who has since moved and passed away in Humble TX?
David's answer
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Answered on November 19, 2013
I don't know, by Maryland law, why a will would be "filed" there before death. Regardless, the will needs to be filed for probate in Texas, if...
Archived
Can you recommend a probate attorney in the Dallas area that will work on contingency?
David's answer
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Answered on November 18, 2013
This is not really a form for referrals, but if you click "Find a Lawyer" and search for dallas probate attorneys, you can review their profiles to...
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Fathers will gives his 2nd wife controlling interest and a large portion of his estate to her.
Been divorced from her 25 years
David's answer
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Answered on November 15, 2013
If your father drafted the will while married leaving property to Wife X, then he divorces Wife X, then the gifts to Wife X are void. If that is...
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I am in Texas. What do I need to do to change our home into my name. Both of our names are on the deed.
David's answer
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Answered on November 15, 2013
There are two options. I'm assuming your husband passed away. If you were not married the answer will be different. In most cases, title will be...
How to file affidavit of heirship for transfer of single homestead to sole heir without probate? Galveston County, Texas?
David's answer
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Answered on November 13, 2013
A declaration of heirship by a Court is the only document that really transfers title. Filing an Affidavit of Heirship may be a waste of time, and...
Archived
Does a handwriten will supercede a trust document?
David's answer
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Answered on November 13, 2013
If the owner is the decedent, the last valid will (or intestate rules) control. If the owner is the trust, the trust's terms control.
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Archived
How can I protect my Dad's retirement money from new wife. I have power of attorney. She took $4000 from him before marriage.
David's answer
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Answered on November 12, 2013
You need to see if guardianship is proper, and if so, you need an immediate (temporary) guardianship. Mild impairment doesn't lead to a...
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MY UNCLE PASSED ON 8/1/13 HE NAMED MY SISTER AS BENEFICERY $ AND MY COUSIN AS EXC OF ESTATE. HOW LONG DOES COUSIN HAVE TO DIST
David's answer
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Answered on November 12, 2013
The biggest factor impacting how quickly an executor is willing to part with the assets is whether all of the debts have been paid. If the cousin...
Archived
My mom passed. I am an only child with 2 step sisters. There is a trust of which my step father is in control of until he dies.
David's answer
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Answered on November 11, 2013
I think the 3 prior answers are all correct, based on the information we have. I would just reinforce that we are assuming a great deal in giving...
Archived
House in life est when mom died, spouse lived there & paid taxes, remarried, now he died. What happens to house now?
David's answer
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Answered on November 11, 2013
Assuming that H had no community property interest in the house, only the life estate granted by statute, his new wife has no ownership or right to...
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