My deceased father's wife has waited beyond the 4 year deadline to file, but has now made application for muniment of title. My siblings and I would like to oppose this, as an intestate situation would benefit us given all was left to the wife in...
In this situation, as an intestate heir, you will have to waive your rights or be served in the case. Based on your question, I'm assuming you definitely did not sign a waiver and found out by being served. Time is of the essence. You need to hire a lawyer who can intervene for you before a hearing is held.See question
My best friend recently committed suicide and his widow is refusing to help us locate his will or give us any information in regards to his lawyer what can we do to find out what happened to his will and what was in it. I know I'm not a family mem...
You should consult a probate attorney in San Antonio. If the ex-spouse is interfering, immediate action may be necessary to preserve the estate, so I would see an attorney sooner than later.
When searching for a will, I typically recommend starting in the most likely places, such as contacting any attorneys your friend worked with, searching email if you have access, asking friends and family whether the person had a will and where they would have stored it, checking with the clerk of the court to see if the person deposited it, checking where the person stored papers, etc. If there's a safe deposit box there are ways to get access through the courts, if necessary.
My mom died unexpectedly on June 30th and didn't leave a will. She owned 2 houses that we knew of. Both are paid off. One of them she had the deed and everything is up to date. The other one was my grandmas home. My grandma died over 20 years ago ...
You should consult a probate attorney in the county where the houses are located. We handle situations like this all the time, and typically it's a matter of utilizing a probate procedure or multiple to transfer title to the appropriate parties. It's impossible to sort out the situation without going through the documentation and family history, as various factors can change the outcome such as title/ownership, whether various parties had wills or died intestate, who survived the parties and whether any surviving parties subsequently died.
I started my business a couple of years before divorcing my ex. In the divorce decree I was awarded the company. (not that he was fighting me for it) However, now I am having trouble opening a business account with my DBA since it still states my...
I think the bigger problem here is whether you have a proper business entity in place. Perhaps you do, but if so I think you would want an account in the entity name, not the dba. If you don't have an entity and are a sole proprietor doing business under an assumed name, you should consult an attorney on getting an entity to protect yourself from liability. A bank account can be opened under the entity name and then you can just request that checks that reflect the dba on them, if that's what you prefer. Good luck.See question
I'm a property owner with my husband. Have owned said property for 11 years. The deed was issued initially with his name only, and then when we refinanced, both of our names were put on the deed. The tax assessors office online shows my husband...
If this is just a matter of the tax assessor having only his name, I wouldn't be worried and it should be an easy fix. The assessor information has no bearing on title. I often have this occur when we transfer property to a business entity. The assessor will still reflect the responsible party as the prior owner. We typically just call and ask them to change it.See question
I need a house deed switched. Right now my aunt has the deed under her name but my grandparents had a home will where they left it to my mother. My aunt is refusing to sign it back to my mom.
The prior answers are on point. Further research will be needed to give you a clear answer, so you know what you're up against. Contact an attorney who can review the wills, deed history, etc. Good luck!See question
my mom n dad died this past year, and their was no will. I got all paper work on the home including title. is the home legally mine?
It is impossible to tell without reviewing the documents. If title is still in your parents names, absent a transfer on death provision, you will have to utilize a probate procedure to transfer title. You need to talk to a probate attorney. There are various probate methods for intestacy (when someone dies without a will). Generally they are affidavit of heirship, small estate affidavit and a determination of heirship. Which one to use is fact specific. An attorney can review the documents and facts to guide you to the proper procedure. Good luck.
I am looking to legitimize my small business. Or at least, move it from being considered a hobby to a legit business. It is run out of my home. I understand that sole proprietorship businesses do not need an EIN, that I can use my SSN for income ...
I would recommend meeting with a business attorney and probably a CPA. The typical course of action in situations like yours is to form an LLC and prepare a company agreement (although another entity may be better, depending on circumstances), file assumed names for the business name, and consider trademarking (assuming you have a mark that is capable of being protected). An LLC will provide you as an individual with insulation from liability for the business obligations (unless you sign personal guarantees). This means if there is a lawsuit, the business gets sued. If you are a sole proprietor and there is a lawsuit, you get sued. Good luck.
My step daughters father gave up all rights and I want to adopt her. I have a purple heart as I am a disabled veteran and by her becoming my legal daughter, she gains access to all it offers. I've been waiting for this day for 2 years now and I'm...
If the father's rights have been terminated or he is willing to relinquish, that will make things much cheaper for you. You could try Legal Aid, although you will need to determine if they handle adoption and if so, whether you qualify. (http://www.trla.org/get-help/do-i-qualify) If that doesn't pan out, you should sit down with an attorney who can go over all the costs with you. There are inherit and unavoidable costs to adoption, aside from attorney fees. Good luck!See question
I am married, 72 years old. My wife is 73. We are both retired. We both have children from previous marriages. I have three girls, she has two girls. We both have individual retirement accounts. Mine more substantial than hers. I have my girls as ...
As the other answers state, you need to get wills done asap. If you die without a will, your wife and children will become co-owners of any probate assets (in various proportions depending on whether the property is community or separate and real or personal). This is usually a disaster and leads to family discord. Spend the money now to save your family the grief of untangling a mess.See question