So my dad passed away without a will. A month after my mom kicked me out the house (dad would not have allowed this) and are hiding his ashes from me and other immediate family members. She's not regular, she would be considered slow. While my dad...
I am sorry for your loss and the additional anguish. You don't mention a probate proceeding of any kind. The Administrator of your father's estate might be able to assert control over his ashes. I am not immediately aware of an statute that would give you visitation rights, although some research might find something. Generally, remains become the property of the surviving spouse. You did not ask about inheritance but you did mention a house. Assuming that all of your father's children are also children of your mother, the widow, and assuming that the house was purchased during the marriage, then your mother inherits your father's 1/2 community property interest in the house. She already owned her 1/2 community property interest in it. That is also the case for your father's 1/2 community property interest in personal property. Personal property is anything that is not real estate (dirt). If your father owned any separate personal property (something he owned prior to the marriage or which he received during the marriage by gift or inheritance) it is not inherited entirely by your mother. It goes 2/3 to his children and 1/3 to your mother. If he owned separate real property it does to his children equally.See question
I was at work
Not all "court dates" are the same. A little more information would be helpful. Was this an appearance for a speeding ticket or were you sued in a civil case? If it was the trial date and you just didn't show you have a big problem. Again, if you had addressed it prior to the date instead of after (where certain time periods apply) you might be in a better position to beg for mercy.See question
It's that simple. The rest of the sick story doesn't matter.
The Inventory is just that, a list of assets existing as of the date of death. It has nothing to do with creditor's claims or their payment. It doesn't even list creditors or debts. Even if an Affidavit in Lieu is filed, the inventory must be provided to those entitled to receive it under the Estates Code. Funeral expenses are a priority claim in an estate but if the creditor did not file a claim, it might not get paid. If you paid the funeral expenses then you should file a claim that complies with the Estates Code.See question
Mom was completely blind, diabetic, had circulation issues. Mom was totally competent. My sister, Jan, and I took care of Mom for years and knew how keep her safe, healthy. Most important walking, no pain meds, hallucinations. My sister, Linda, ...
Lawyers are not in the punishment business. We represent people who need advice and/or need representation in court. The obvious course of action at this stage is to seek appointment as your mother's executor (if she had a will) or administrator (if she did not have a will). You should find an experienced probate lawyer in the county where she lived at the time of death. The representative of her estate would have the right to bring any viable claims against your sister on behalf of your mother.See question
My mother wants to sell her 3 cemetery plots but cemetery won't allow in Texas without my dead sisters three sons agree to sale. I am her only living child. But my sister gave up all rights to children and they were adopted to different families.
I suspect there are some facts you don't have. There certainly are some you didn't provide. I wonder if the plots were originally purchased by your mother and father. If so, and your father is deceased, that would explain why the cemetery is taking this position. They could still be wrong, however. If your mother and father were married at the time of his death your mother would have inherited his interest in the plots. Your deceased sister would not have inherited any interest in them even if she was living at the time.See question
The hearing is scheduled for 8:30 am on 8/31 and I am in between counsel on a small suit and don't want to miss the filing deadline for an Opposition. Is it 8:30 am on 8/24? There is little guidance on this. Thanks for your help.
Mr. Massey gives you the answer. You might want to file a Motion for Continuance and ask for it to be heard prior to the MSJ in order to give you time to get counsel on board.See question
I have a very small estate. Most of the money I would leave for my children if I were to die would come from two life insurance policies that will go into a trust for them. Do I need to mention the trust in the will or make any reference to child ...
You have asked this same question and received good responses.See question
My husbands father passed away without a will and left behind the house and property he inherited from his father. My husband and I live in the house and so does my husbands mother. Since my husbands father inherited the house we know it is separa...
A life estate cannot be inherited. It exists only for the life of the person who owns it. Assuming your husband's mother was married to his father at the time of his father's death, then his mother actually has two kinds of "life estate" in the home. She has the life estate granted to her under the Texas Estates Code as the surviving spouse and, yes, she could tell you to get out. She also has a one-third life estate under the laws of intestacy described in the Texas Estate Code. Your husband owns a "remainder" interest. It is not superior to the life estate. You do not mention any type of probate. There are several potential options. The longer someone waits the more complicated and expensive it gets.See question
I have two children with an ex-wife, and I have recently married a woman with a child. We are in the process of changing our wills. I pay child support to my ex spouse. I want to list in my will that my estate (house, cars, bank accounts, etc.) be...
I say what I am about to say with genuine concern for your spouse and children. it sounds like you are about to engage in do-it-yourself estate planning. Please don't. It is apparent from your questions that you lack even the most basic understanding of the consequences of your choices. Please, please see an experienced estate planning lawyer. There is no law that requires you to put anything in your Will much less a statement about child support. That is a personal obligation and it will not survive your death. But, your ex-wife will be able to make a claim in your estate for any unpaid past due child support. You ask "Does the Will need to mention the trust?" I assume you mean a trust that will receive half of the proceeds of your life insurance policy. There are things called Life Insurance Trusts but I have no idea if that is what you are talking about. If you did a beneficiary designation that just said "half to a trust for my children" that does not create a trust. If your Will leaves something to that trust then it must say that but life insurance pays out according to the beneficiary designation you filed with the insurance company. The trust should state its purposes, how the assets are used, and the discretion given to the trustees. If you have found some trust online without the benefit of advice from an experienced estate planning attorney the odds are very high that this will not accomplish what you want it to accomplish.See question
During last two years, my small business got robbed four times. One time happened during business hours and other three robberies happened while the store was closed. Fourth break-in happened this morning and i no longer feel safe and feel like it...
You can always ask but I have never seen a landlord voluntarily terminate a lease because the tenant asks nicely. Take your lease to an experienced real estate or business lawyer and let him/her see if he can find some leverage for you. Your goal is to move without continuing liability under the lease. It doesn't have to be for the reasons you have stated. In very general terms and relying on typical Texas commercial lease provisions, it is unlikely that the robberies themselves will form the basis of a right to terminate. I am not aware of any Texas law that creates a duty for a landlord to prevent robberies. Why did you categorize this as "partnership". It is a landlord/tenant issue.See question