Archived
Can a wrongful death settlement be approved by a district court if the deceased died intestate with no personal rep appointed?
Kendall's answer
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Answered on January 09, 2014
Only children, parents and spouse have a wrongful death claim. A survival claim belongs to the estate. The court can approve the division of a...
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Archived
Can a living trust secure a lien on personal property of a co-trustee who is also a beneficiary who has defaulted on a loan?
Kendall's answer
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Answered on January 09, 2014
Probably not. And a home is real property, not personal property. Unless you have a judgment or a secured loan, you don't likely have such a right.
Archived
Can a sibling remove me as power of attorney, and being executer of my dad's will? can I be removed by my dad w/o my knowledge
Kendall's answer
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Answered on January 09, 2014
A sibling cannot remove you from fiduciary appointments by your dad. But your dad can remove you from those positions without your knowledge or...
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When are back property taxes paid on an inherited property?
Kendall's answer
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Answered on January 09, 2014
The estate and/or the heirs are responsible for the taxes. If the buyer agrees to pay them as part of the "deal," that is acceptable. The county...
Archived
If Affidavits of Heirship have been filed, must the case still go to Probate Court?
Kendall's answer
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Answered on January 09, 2014
Mr. Shutt is correct. Texas law does not require a decedent's estate to be probated unless there is a necessity. If one of the financial...
Archived
My friend and I were in a accident, my car was totaled. We both have broken collar bones, I have a concussion and multi buries.
Kendall's answer
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Answered on January 09, 2014
You each certainly need local representation. Whether or not you use the same lawyer is dependent on the facts of the case such as who was driving...
Archived
What issues will my father will face selling or signing over a deed for a house owned by my deceased grandmother?
Kendall's answer
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Answered on January 09, 2014
Consult a probate attorney. This is a very tricky situation. Consider each decedent as a gate that the title will need to pass through. Without...
Archived
What steps are involved in filing a Lady Bird Deed?
Kendall's answer
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Answered on January 09, 2014
Most real estate or probate attorneys can draft a ladybird deed for you. I would HIGHLY recommend you also get a will that leaves everything to...
Archived
Wife passed away May 2013 left me her estate which included Home with past due GISD taxes totaling approximately $6800.
Kendall's answer
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Answered on January 09, 2014
You can request a reduction. Whether you are granted it is entirely up to the taxing entity.
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Archived
Can POA be changed once a person has been diagnosed with Alzheimer's?
Kendall's answer
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Answered on January 08, 2014
Speak with a guardianship attorney.
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