Archived
My husbands father passed away in 2005. His wife, my husband's step-mother claimed there was no will.
David's answer
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Answered on February 21, 2013
You search the County probate records of the County Clerks office in the County where your father-in-law resided at the date of death. If there is...
Does my sister own my grandma's house?
David's answer
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Answered on February 19, 2013
Assuming you have probated the will and been named executor by the Court, you can evict your sister. You will probably need an attorney to help...
Archived
How will I know (after my father passes away) when the reading of the will is?
David's answer
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Answered on February 19, 2013
Alas, the Hollywood version of the "reading of the will" is just as fictional as most Hollywood movies. There is no requirement that a lawyer or...
Archived
If I am not going to have the will probated. How soon after death do I have to file the will? This is in Texas, county of Fort
David's answer
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Answered on February 18, 2013
If there is no property, and the only assets are non-titled personalty (personal possessions, clothes, furniture, etc), there is no need to probate.
Archived
Our patient passed away owing us a large bill his do we file with probate court
David's answer
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Answered on February 18, 2013
You need to present a claim to the persona representative and possibly file with the court. If there is no representative appointed, you will need...
Archived
Mom's husband died in Nursing home & she was not notified. Can his kid take his assets instead of giving to his wife of 25 yr?
David's answer
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Answered on February 15, 2013
I'm assuming that "daughter" is not child of Mom; therefore, Mom is not sole heir. She is an heir. She has rights. She needs an attorney.
See...
Archived
Husband dies intestate leaving a wife and one child and two children from a previous marriage.
David's answer
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Answered on February 13, 2013
It is split between wife and child. See link below for more detailed information.
Archived
What should I do when restoration co. did not release their invalid Mechanics Lien and ask same unreasonable bill, or sue me?
David's answer
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Answered on February 13, 2013
If you are not going to hire an attorney, then I suggest calling the attorney and telling him the amount you will pay to resolve. Hopefully, that...
Archived
Divorced father died intestate. Grown children living with him want to make mortgage payments. Is probate neccessary?
David's answer
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Answered on February 13, 2013
The children are the heirs, assuming "divorced father" wasn't remarried. Almost certainly, a small estate affidavit or heirship will be required...
Archived
How does one file an complaint over inventory in a probate case?
David's answer
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Answered on February 12, 2013
There is a procedure to object to the inventory, but more probably, you need to bring an action to remove the executor/administrator who isn't...
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