Archived
What can be done to resolve title to real property when not all the heirs can be found to sign a heirship affidavit? Dallas, TX
David's answer
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Answered on October 21, 2016
I think it unlikely a title company would accept an affidavit of heirship in this situation. What is needed is a formal declaration of heirship, a...
Can my father legally sell his home and surrounding land to me for $10?
David's answer
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Answered on September 08, 2016
In addition to the things previously mentioned by another attorney, the transfer could jeopardize the homestead exemption, increasing the taxes,...
Archived
Hired lawyer for probate no will no wife no other child has not done anything since Nov2013 only hv 10 mths what should I do
David's answer
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Answered on August 16, 2016
An heirship proceeding can be completed in three months in a simple matter like this -- you are sole heir. I think it is time to move on to...
Archived
Why does the Probate Code differentiate between guardianship of the person and guardianship of the estate?
David's answer
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Answered on July 29, 2016
So you can have two guardians, to handle different tasks, if appropriate. The same person can handle both jobs, but the jobs are distinct and...
Archived
When does a living will expiremy mother passed away
David's answer
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Answered on July 29, 2016
I'm not sure if you are saying the will is old or that it is just that it has been 8 years without being probated. The other answers addressed the...
Archived
What is considered an informal fiduciary relationship in Texas?
David's answer
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Answered on July 27, 2016
This is not an easy answer. Fiduciary relationships are "informal" if not created by a written document -- such as a trust -- but by the...
Archived
What can my mom do?
David's answer
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Answered on July 26, 2016
I think your Mom has an attorney who doesn't know the law in this area. If the notary didn't stamp the will, the "self proving affidavit" is...
Archived
My grandmother passed away last year without a will. Who receives her possessions?
David's answer
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Answered on July 25, 2016
I think it is pretty clear great-grandson is not the heir, or at least the sole heir. Check this link for heirship information: ...
Archived
Will I have issues opening a bank account / merchant account if my Revocable Living Trust is listed as the sole member of my LL?
David's answer
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Answered on July 17, 2016
The trust can be a member, but I would suggest a manager-managed LLC because it will be easier for you, individually, to operate the LLC and just...
Archived
If a piece of property is not described in a will correctly, what do you do?
David's answer
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Answered on July 14, 2016
The ambiguity may or may not be a big problem depending on all of the provisions of the will. The will must e reviewed to give a complete and...
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