So recently I found out that my mother inherited property in Dallas, TX from my grandfather, who passed away. Having worked as a Title Examiner in the past, I decided to do a title search. Come to find out, my great grandmother left the property, ...
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 probate proceeding. You probably need an administrator/executor appointed for your grandfather's estate and then that person seeks an heirship determination for grandmother's estate and appoints an administrator with ability to sell the property. Public notice is insufficient, and bottom line, an affidavit of heirship only has the legal force that the title company chooses to give it. When, as here, there are many persons and some deceased, and affidavit of heirship is usually rejected.See question
My father has decided that he wants to give all of his land and his home to me prior to his death. He wants to avoid being taxed heavily for it if possible and he was told that he can sell it to me for "$10 and other considerations" and that it wi...
In addition to the things previously mentioned by another attorney, the transfer could jeopardize the homestead exemption, increasing the taxes, and not save a dime in estate taxes. This is not an area to just "deed" some land without legal advice and review.See question
My father was murder by my biological son who had been adopted by family no longer legally mine .want this over .why has he not done this probate? Been through enough don't want to loose house .should I fire him
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 another attorney.See question
Regarding guardianship of the person and guardianship of the estate
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 handled very differently with quite different court oversight. I don't know the background for your question, but the concept is a good thing.See question
My mother passed away 8 years ago, she left a will, I was told that since it was a lot of years , that the will was no longer valid, is this true?
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 8 years. In more cases than not, the four-year limitation is NOT a bar to probating the will. Do see a lawyer to discuss whether you can in your case. As to the will being "old", wills do not become legally defective over time. I have probated some wills drafted a very long time ago.See question
If my sibling was the one who took care of my elderly alcoholic father and he depended on my sibling for everything, is that an informal fiduciary relationship?
This is not an easy answer. Fiduciary relationships are "informal" if not created by a written document -- such as a trust -- but by the particular facts and circumstances. They are not lightly implied by the Court and it takes a very thorough factual review to even proffer an opinion. There is no way on this limited facts to given an opinion, and there is no way that one can definitely state that an informal fiduciary relationship ever exists. It exists if the jury says it exists. There is probably a better legal procedure/theory to address whatever wrong occurred here.See question
My stepdad died Easter Sunday. He had a will; however the attorney's office informed my mom that it is not valid because their notary signed the will but did not stamp it. They told her she would have to go administration route and she was sched...
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 invalid, however, if the will is signed by two witnesses, the Will IS valid. It can be proved in a variety of ways, including the testimony of a witness. If they started with an heirship and administration, they have wasted money. Probating a will should take a month. Get an attorney who knows probate law and get a refund from the first attorney.See question
My grandmother passed away last year without a will. Her great grandson moved into her house five months before she passed away. My mother would like to collect her mother's possessions but the great grandson will not allow her inside the house. C...
I think it is pretty clear great-grandson is not the heir, or at least the sole heir. Check this link for heirship information: https://www.traviscountytx.gov/images/probate/Docs/DnD_diagrams.pdf
To take control, one or all of the heirs need an attorney to help them open administration. The administrator can then take control of the house and evict great-grandson if necessary.
The final sentence throws me for a loop. If grandmother doesn't own the house, then the landlord can lease to anyone he or she likes, including great-grandson. The administrator still has the right to obtain the possessionsSee question
For privacy and estate planning, I plan to form an LLC in Texas and list my Living Trust as the sole member of the LLC. Inside of my notarized trust documents, it shows that I am the owner/Grantor of the Trust and that I am the trustee of the trus...
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 have the LT as the member. Both the LLC (if you are sole owner) and LT are pass through for tax purposes, so all revenue from business and trust will be reported on your 1040.See question
In my grandfathers will, probated in 1978, it states he is leaving "being of tract of land in Dallas, city block 415/64" But that is not correct, it is city block 416/64. The deed was never executed. We have recently found out about this thru...
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 accurate answer. There are many possible cures, but if it is clear that your grandfather never had land at 415/64 and at the time of the will had 416/64, a strong argument can be made that your grandfather's intent -- which is the legal standard -- was leaving the 416/64 land to the person named in the will (you? your parent?). Regardless, consider a consultation, probably without charge, with an experienced probate attorney to advise how to proceed.See question