My spouse and I bought house together 20 years or so ago this property has remained as our homestead. He passed away Jan 8, 2020
Farren's answer
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Answered on October 20, 2021
Did you probate your husband's Will? If you do not, it has no legal effect, and without a probated Will, your husband's children inherit his share...
Can a will be contested after Declaratory Judgment has been passed in the state of Texas?
Farren's answer
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Answered on October 20, 2021
The above answers are absolutely correct. A declaratory judgement action can be about a variety of issues, anything from defining a term,...
Can I sue my late fiancé’s mother for his ashes and his things?
Farren's answer
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Answered on April 22, 2021
If a person dies intestate and unmarried but has children, then the children inherit everything. Your son (and any other children your fiancée may...
Does my hand typed Codicil require a notary public signature as well as 2 witnesses?
Farren's answer
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Answered on April 19, 2021
A codicil needs to be executed with the same formalities as an original Will. I recommend you call your attorney and explain the situation. They...
Probated Will?
Farren's answer
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Answered on April 19, 2021
So from what you describe it seems the property was left to all five heirs but you have a life estate on the entire parcel. This means you own the...
Is there a way to avoid going through an estranged heir to sell a property from someone who died intestate?
Farren's answer
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Answered on April 19, 2021
No. The father inherited the property from his daughter and you cannot divest him of his interest. It makes no difference whether he had a...
Would I request to be an independent executor when probating my dad's will if I am the only heir?
Farren's answer
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Answered on November 06, 2019
Without seeing the Will it is difficult to answer this precisely, but if you are names as the independent executor, than you would state that in...
Archived
Can I make changes to a Deed without Warranty as I was my kids to avoid probate but the online version has some restrictions?
Farren's answer
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Answered on November 06, 2019
You cannot make changes to your deed, but you can accomplish something similar to this with a Transfer on Death Deed. It is important to word...
Why does a banking Institute require a "small estate" affidavit and the state of texas requires only tha "heirship" affidavit?
Farren's answer
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Answered on October 17, 2019
A financial institution can be liable for dispersing the money to the wrong person. The government is going to have immunity. In this day and age...
Archived
What type of a deed would we need to request to file/change/update prior warranty deed due to death of spouse?
Farren's answer
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Answered on October 17, 2019
It is unusual in Texas for deeds to have rights of survivorship. When they do, it will state that plainly in the deed. Without survivorship...
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