I just recently discovered my great-aunt had an unclaimed insurance benefit. What should be done since she had no children?
Rebecca's answer
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Answered on October 25, 2018
If your aunt's estate was probated, her executor should track down the funds. If an executor was not appointed by the court, check with unclaimed...
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What happens if the person who contested a will basically disappears and can't be contacted? Can a judge dismiss it?
Rebecca's answer
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Answered on March 21, 2018
I am certainly inclined to say "set it for trial" but you do need to talk to your attorney about it and you have to serve the other party with...
What happens when a will is not probated within the 4 year period after death in texas?
Rebecca's answer
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Answered on March 21, 2018
Talk to an attorney and explain the reasons for not probating the will. (Did the executor know about the will? Did an attorney tell the executor...
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Can an heir do a motion to sell against another heir on an estate?
Rebecca's answer
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Answered on March 21, 2018
If the Heirship aspect is complete (via judicial determination on Heirship) I'd talk to a real estate attorney about doing a partition lawsuit....
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My rights as an heir
Rebecca's answer
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Answered on March 21, 2018
Was your step-father living there still? He may have a constitutional homestead right to remain in the home because it was/is his homestead.
Also,...
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Can I legally be forced to sign over my rights to an inherited estate by another beneficiary?
Rebecca's answer
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Answered on March 08, 2018
How was the property passed on to you? (Intestate rules? An Affidavit of Heirship? A deed? if a deed, who signed it?)
Assuming you are a...
Can my husband appoint me guardian of my stepdaughter in the event of his death?
Rebecca's answer
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Answered on March 08, 2018
Yes, your husband can nominate you to serve as guardian of his daughter. However, ultimately a court would have to appoint you as guardian. Is...
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How can I get money out my decreased father bank account without a will or being on his bank? account?
Rebecca's answer
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Answered on March 08, 2018
I would tell the bank that you are considering an Affidavit of Heirship or a Small Estate Affidavit and tell them that before you pay an attorney,...
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Can real property acquired after marriage be a non-probate item?
Rebecca's answer
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Answered on February 24, 2018
It sounds like a probate item do far. If your husband had a will, that could address it appropriately. You could consider having both names on the...
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Father passed away without a will. Do I need probate to manage his remaining affairs, debt, and other things in Texas?
Rebecca's answer
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Answered on February 24, 2018
I would suggest you speak to an attorney and consider opening a dependent administration. There is a MERP claim, but it sounds like your mom is...
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