Archived
What can I do to have the independent executor give an accounting of the estate and inventory and when distribution will be?
Michael's answer
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Answered on August 31, 2018
The Inventory may already be on file at the probate court clerk’s office. You can make a demand for an accounting under Section 404.001. If an...
Archived
What is most affordable way to file as Administrator of Estate or Executor..?
Michael's answer
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Answered on August 31, 2018
I always advise clients to do the probate that people are asking for. In your case, probate might not be necessary if there is no financial...
Does a bank have the legal right to withhold funds from a legal beneficiary?
Michael's answer
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Answered on August 31, 2018
When faced with a conflict, the banks often "throw up their hands" and demand that a Court issue an order or judgment directing the bank on who to...
Archived
Does intestate probate laws take into account any properties or accounts that are in other countries that belong to the deceased
Michael's answer
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Answered on August 31, 2018
The essence of a state or country is its land. The laws of the other state or country will control the disposition of the real estate. As for the...
Archived
Is the mortgage company correct on this?
Michael's answer
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Answered on November 03, 2015
I am surprised your attorney would tell you that the mortgage company "would simply switch the mortgage into [your] name." The mortgage companies...
Archived
Must I notify my sister of our mother's passing?
Michael's answer
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Answered on July 08, 2015
Your sister can always contest the validity of the will. The question is, will she inherit. If the will is ultimately determined to be valid, the...
What is does signing a waiver in probate do?
Michael's answer
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Answered on April 05, 2015
Waivers are often sought for two reasons when a person dies intestate. In a determination of heirship case, the court requires that all of the...
Archived
My mother's will names me as Executor of her estate.
Michael's answer
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Answered on April 05, 2015
Beneficiary designations on financial accounts typically trump the terms of the will. Such a designation is part of a contract that the financial...
Archived
I signed a waiver on a will. There are issues with executrix. Mishandling of funds and keeping assets safe.
Michael's answer
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Answered on April 05, 2015
The waiver that you signed could have been for any number of issues related to the probate of the will. Waivers are often sought when the will...
Archived
Do surviving children have the right to enter a parents home in the immediate days following that parents death?
Michael's answer
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Answered on February 04, 2015
Title to property passes at the moment of death, subject to the will being admitted to probate and subject to the claims of creditors. If the...
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