Archived
My mother-in-law passed away 3 wks. ago...since my husband is deceased, can his 3 children request a copy of the will?
Steven's answer
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Answered on June 22, 2013
The Texas Probate Code does not require waiting until the death certficate has been issued in order to file application to probate the Will and...
Archived
Is it self dealing to let friends and family to live in real estate owned by the estate?
Steven's answer
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Answered on June 21, 2013
This may be a breach of fiduciary duty depending on all of the relevant facts. If a house is vaccant after death some insurance companies will...
Archived
As executrix of mom will, am I liable for medical/bills left. She left a recapture loan on house through the USDA-RD. What next?
Steven's answer
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Answered on June 21, 2013
You need an experienced probate attorney to help you. You have no power as Excutrix and Will has no legal effect until the Will is admitted to...
Archived
Is the executor responsible for costs incurred during the division of estate, final cost medical expenses, & attorneys fees?
Steven's answer
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Answered on June 21, 2013
A court appoints the executor named in the Will or an administrator if there is no Will. Your adopted uncle could not name himself as executor....
Archived
Can the attorney for an estate of the deceased also be the personal attorney for one of the beneficiaries/trustees?
Steven's answer
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Answered on June 21, 2013
You should request to examine all of the records of the estate, including bank statements, checks, invoices, receipts etc to find out what is going...
Archived
Brothers partner of 17yrs passed. in either his will or trust he left my brother his truck. can they take the truck from him?
Steven's answer
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Answered on June 21, 2013
The provision in the Will or Trust for the payment of debts needs to be looked at first. Typically, the debts are paid from the residuary estate. ...
Archived
I have my deceased husbands 401 in my name can I put it into our trust or should I name my son as a beneficiary??
Steven's answer
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Answered on June 21, 2013
More facts are necessary to address the question in a meanginful way. One of the large issues is whether the trust you have would qualify as a...
Archived
My wife is a beneficiary of a trust and the trustee is refusing to give her a trustee report without charging a lot.
Steven's answer
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Answered on June 21, 2013
The trustee's position doe not seem reasonable based on the facts presented. Your wife needs to engage an experienced trust and estates attorney...
Archived
How long until the assets are distributed in an uncontested will and living trust of a debt free decedent?
Steven's answer
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Answered on June 21, 2013
There are additional facts that are necessary to answer the question and the attorney handling the probate should know those facts so that attorney...
Archived
My husband and I set up a QPRT and set it up for our daughter. We would like to undo the QPRT, is it possible.
Steven's answer
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Answered on June 21, 2013
In a well drafted QPRT, the sale of the existing house should not be an issue and the trustee would use the proceeds to acquire a qualified...
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