Archived
Do I have a right to information on the disposal of the estate, is it reasonable to expect my father's house to be on the market
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Answered on May 25, 2016
As your sister is an executrix, at law she is considered to have a fiduciary duty to you -- which requires putting the beneficiaries interests...
Archived
Do I have to go to probate court and am I entitled to the insurance policy funds? Do I have to turn it over to her?
James's answer
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Answered on May 24, 2016
If the insurance policy was purchased through your father's workplace, there is a special area of federal law that covers it, called ERISA. The...
Can I deposit checks made out to my deceased husband into our joint checking account by writing for deposit only?
James's answer
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Answered on May 05, 2016
Different banks tend to react in different ways when people pass away. In my experience with many different banks over a lot of years and...
Archived
What should I do
James's answer
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Answered on May 03, 2016
I am sorry about your circumstances. I agree that you will need to find an experienced probate attorney to assist you. In 2015, the Texas...
Archived
Can my sister and I sell my deceased mothers homestead without probating the will?
James's answer
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Answered on May 03, 2016
Until a court determines whether or not the will is valid, and if so, who the court will appoint to carry out the terms of the will, no one has...
Archived
Can I as the executor of an estate sell the home of the deceased without probating the will in Texas ?
James's answer
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Answered on May 03, 2016
Even when a will names someone to serve as the Executor of an Estate, Texas law requires a court to determine whether or not that will is legally...
Archived
My brother got in an accident in my deceased father's car is it true he can transfer title just by showing death certificate?
James's answer
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Answered on May 03, 2016
A Texas Department of Motor Vehicles Affidavit of Heirship is one way to pass title, even if a will has not been probated, but it does require more...
Does per stripes mean the grandchildren do not inherit anything unless their parent is dead?
James's answer
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Answered on April 27, 2016
Under the common law interpretation of "per stirpes" (not "stripes") gifts under a will given per stirpes follow family lines. Generally a person...
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