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My mom passed away -no will or trust, her estanged husband (gone for 15 years) is now wanting things. Does he have any rights?
Eric's answer
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Answered on October 27, 2012
If they were legally married, at the time of her death, the estranged husband will have a claim under the laws of intestate succession. From your...
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My mother left me $20,000.00 in her will but she said I had to spend it on a mobile home.
Eric's answer
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Answered on October 27, 2012
The answer to this question requires Ta review of the will. You should consult with a local probatebattorney for guidance.
Can I file criminal charges of fraudulent conveyance in an estate dispute where a benefactor moved assets outside the estate
Eric's answer
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Answered on October 27, 2012
My colleague is corrent, this is not a fraudulent conveyance issue. You need to review the circumstances of how the money was moved and from what...
Archived
Who makes medical decisions for someone who cannot?
Eric's answer
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Answered on October 27, 2012
Is your father incapacitated? Can he make decisions? If not, at this point, you are going to need to petition the court to become his guardian....
Archived
Can my brother sue me if he is the executor of my mothers estate.
Eric's answer
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Answered on October 27, 2012
Did your brother say why he was going to sue you? we're you responsible for the house? We're you a replaced executor? Your statement / question...
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I am executor/trustee of the family trust. The Certificate of Trust states banks need to honor certificate, bank claims I must
Eric's answer
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Answered on October 27, 2012
Mr. Paxton's analysis is likely correct. If the certificate of trust would usually be enough, if the account was held in the name of the trust. ...
My mom is in a coma, without a POA. She still has bills. What steps do I need to take to get temp control over her finances?
Eric's answer
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Answered on October 27, 2012
You should consult with a local attorney that specializes in guardianships / conservatorships. Then, you will be able to petition to the court to...
Archived
Can I get my money back that a parent took when I was too young to have anything but custodial accounts?
Eric's answer
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Answered on October 26, 2012
If your father used your money in violation of the custodial agreement, then he may be subject to returning those funds to you. There are not...
Archived
How do you declare a parent with alzheimer's, mentally incompetent? My father could take legal guardianship. How is this done?
Eric's answer
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Answered on October 26, 2012
In order for a guardianship to be issued, you must petition the courts. The party must be declared incompetent, this can be accomplished by the...
Archived
I inherited my father's truck after his death. Would this be considered separate or community property in a Texas divorce?
Eric's answer
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Answered on October 26, 2012
My colleagues are correct the gift to you (the truck) is separate property. However, there may be issues if any community property assets were...
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