Do we need to probate Will in Texas even if we have assigned executor on the will and the assets are transferred to the minor kids.
Mr. Claussen is correct. Until a Will is admitted to probate and the person nominated in it qualifies to serve as independent executor and is appointed by court order, that Will means nothing. A court with proper jurisdiction must determine that the Will is valid and that the person nominated qualifies to serve. That filing and certain notices also give others an opportunity to object to the appointment or even contest the Will. And there is a 4 year period beginning with the date of death in which the Will must be admitted to probate. After that even a valid Will cannot be probated. Only the original of a Will can be admitted to probate. There is a rare and very difficult exception where a copy can be admitted. An Independent Executor or applicant to be appointed Independent Executor MUST be represented by a lawyer. Probate should occur in the county in which the decedent maintained his/her residence at the time of death. Minors cannot inherit property. If the Will leaves property to a minor without putting it in trust, that will just not happen. But there are ways to deal with it.See question
FORMED AL LLC . HAVE A SOLE PROPRIETORSHIP WITH AN EIN # CAN I USE THE SP # ON THE LLC
No, absolutely not. The LLC does need its own EIN. It will not be able to open a bank account without one. You need to realize that the tax code and the Texas Business Organizations Code are two different laws. The first is Federal and the second is Texas law. They treat things differently. That LLC is an entity under Texas law regardless of how it pays federal tax or passes through its tax liability to you. Please go consult with an experience business lawyer. You have created an entity with no idea of the legal ramifications to you.See question
Hello, my mother just passed away and she was 51 and also, legally married. In my 24 years of life her spouse has never been present, never contributed, and have no effect or impact in our lives so it is safe to say they've been separated for abou...
I am sorry for a number of reasons. You have lost your mother and that is enough but she did not manage things well. Her legal spouse gets her social security benefits. That's it. End of story.See question
Trying to get brother in law out of ice hold. What can I do ????
This is not a guardianship question. I am changing it to immigration so you might get more help.See question
I have watched my little girl cry about this ugly thing on her arm she is so embarrassed by the way it looks she is scared for life. I am a single mother facing breast cancer for the 3rd time. I may not be able to a ford to get this fixed for her ...
There is no question here. You need to provide facts. I'm pretty sure this is not a Guardianship question either.See question
I've been in business partnership with the co-owner for the business, and I am ready to become a silent partner in order to pursue my other passion. I would like to know what I should do (whether creating a silent partnership contract or just maki...
I am assuming that the LLC involved is a Texas LLC. If so, it is governed by the Texas Business Organizations Code. That code does not recognize a status that the general public understands as a "silent partner". There is no such thing in Texas. You are either a member of an LLC or you are a creditor, or an employee. If you expect to own an equity/capital interest in the LLC then you are a member. The Company Agreement can be drafted in many ways to accommodate the members and provide for management either by managers or directly by the members. If all members agree to amend it so that you as a member have no voting rights or management rights (which would make you "silent") then it can be done but why would someone do that? Please go consult with an experienced business lawyer who can draw out all of the relevant facts and make a recommendation.See question
Shortly after my father's funeral my younger sister the executor of the will immediately asked for all positions of my Father's Day and to be put in her possession and started acting real nasty she said as a cease-and-desist letter and we basical...
This is what we call "bad". A Will nominates an executor. Only a court can actually appoint an executor and until the Will is admitted to probate and an executor appointed no one has any authority over any of the decedent's assets or accounts. And if a person does exercise authority over them by taking them or disposing of them that person can be held personally liable for the value. You need to meet with an experienced probate lawyer in the county where your father lived at the time of death. Hopefully you can show him/her a copy of the Will and get an opinion on how to proceed.See question
My mother left me everything, and I'm the executor of her will. She has no money in her bank accounts, and has many credit card debts, also the house which is her homestead, has a equity loan of 50,000 dollars which I'm now paying. I'm low income...
At this point you do not even know if the Will is valid and could be probated. Further, there are options to the type of probate where an independent executor is appointed. To that point, you are NOT the executor of her estate until a court appoints you. At present you are merely nominated to be the executor. You have no authority to do anything with regard to her house or other assets. You are going to have to do a little shopping around for a lawyer. They have to earn a living too. You might check with St. Mary's University Law School and see if they have a student clinic that could assist.See question
He had a monitor on his and missed curfew
If you will put a little more effort and a lot more facts into your question you might get a helpful response. But, my guess is that this has nothing to do wit estate planning or powers of attorney. Try Criminal defense.See question
I was involved in an car accident, and sustained a mild back injury. I hired a attorney to collect my medical bills. a few months later, one of his paralegals called me, asked if I accept a $9000.00 settlement offered by the other party insurance ...
You had to have signed a Release and a Settlement Statement that detailed all the deductions from the settlement. Read it.See question