Archived
If my 93 yr. old Dad sells his home, could the proceeds be seized by Medicare to help pay costs of future nursing home care?
Randall's answer
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Answered on February 28, 2020
You are correct that your father's home will not be a countable resource if he applies for Medicaid. If he were to sell his home, the proceeds...
Do I need to file a small estate affidavit with the probate court, or can I just present the notarized affidavit to USAA?
Randall's answer
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Answered on February 28, 2020
A small estate affidavit may be just the ticket to collect an asset like this.
That being said, it may also be possible that your father...
Why does a judge need to approve the executor in a will? How long does this process take?
Randall's answer
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Answered on February 25, 2020
In order to ensure a will is valid and complies with Texas law, it must go through the probate court. Once the will is admitted to the probate,...
Archived
How can I go about evicting a family member in the state of Texas?
Randall's answer
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Answered on February 24, 2020
It is unclear from your post whether your mother's will has been admitted to probate. If it has not, then that is the first step. If it has and...
Archived
Who is the legal heir intestate divvorced father with daughter minor?\
Randall's answer
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Answered on February 24, 2020
If the Decedent had no will, was unmarried, and had one minor daughter, the minor daughter would be his sole heir. Depending upon the property...
What are the steps of proving up a will?
Randall's answer
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Answered on February 23, 2020
You would be well advised to engage a probate lawyer to assist you to probate your father's will. Your attorney will be able to help you file the...
Archived
How does probate work when there's little to no money in estate to pay for huge medical bills? (Husband dies without a will.)
Randall's answer
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Answered on February 23, 2020
The probate process provides an orderly way to pay for the decedent's debts, and in what order those debts should be paid. You would be well...
Archived
What will happen if I hire another probate lawyer and it's been more than 4 years since husband passed away?
Randall's answer
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Answered on February 23, 2020
You mentioned that documents were filed in 2019; that is a good thing. It depends on what type of probate you were filing whether additional steps...
Archived
How can I find out about guardianship hearing filed by grdaughter on my dad??
Randall's answer
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Answered on February 22, 2020
In Texas, the law requires that the adult children of the proposed ward (dad) be served a copy of the guardianship application by certified mail,...
What rights do I have in my father’s property since he passed away little over a year ago with no will and Im oldest child ?
Randall's answer
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Answered on February 22, 2020
Since your father died without a will, his property passes under Florida's laws of intestate succession. You would be well advised to sit down with...
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