I have Durable POA for my mother. Can a title co demand a doctor's letter proving she was of sound mind when she signed?
Kendall's answer
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Answered on March 21, 2018
From the Texas Estates Code -
Sec. 751.201. Acceptance of Durable Power of Attorney Required; Exceptions.
(a) Unless one or more grounds for...
If my brother and I file an affidavit of heirship and live in our late parents' house, are we liable for back property taxes?
Kendall's answer
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Answered on March 21, 2018
Taxes will have to be paid. You cannot get an EIN without an open estate and a court-appointed administrator. You are going to need an attorney. ...
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How to stop Administrator Bond from renewal when attorney is no longer in the picture?
Kendall's answer
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Answered on January 22, 2018
The judge orders the bond and is the only one who can dismiss it. You will have to file an application for the estate to be closed and for the...
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What papers to fill out for Foreign assets of deceased US citizen?
Kendall's answer
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Answered on November 09, 2017
Yes, you will most likely need a court determination of heirship. If he owned property or maintained a residence in Texas, then that county is...
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Since the abuse occurred in a nursing home owned by a state agency would it be possible to keep MERP from taking the settlement?
Kendall's answer
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Answered on November 07, 2017
MERP acts as a creditor of an estate. Where the funds of the estate come from is not of concern. MERP claims can be limited with proper...
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How can we prevent a questionable will from being probated?
Kendall's answer
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Answered on September 21, 2016
There's a fine line between answers and "legal advice." Your cousins need advice. And far more than they will get though you on a website. As...
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Is a daughter who had no relationship with her father entitled to his estate?
Kendall's answer
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Answered on September 18, 2016
Yes. Absent a will, a child is an heir, regardless of the current relationship they had at the death. In order to assert her rights as an heir,...
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Am I entitled to my deceased dad's share of deceased grandfather's insurance policy?
Kendall's answer
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Answered on September 14, 2016
It depends on several factors. First, insurance policies are contracts. If a grandfather designated beneficiaries within the policy, that is a...
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Can the beneficiary of a will give their estate distribution rights to one of their children?
Kendall's answer
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Answered on September 12, 2016
Yes. They certainly can allow someone to act as their attorney in fact or agent.
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Can a person contest a will even though they are not mentioned nor a beneficiary in the will?
Kendall's answer
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Answered on September 12, 2016
Indeed. Anyone who has standing. This generally means that if you would have inherited under a previous will or if there were no will (an...
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