Archived
Does a will have to be filed in a texas county probate court first, notorized or not in order to be valid?
Kendall's answer
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Answered on December 10, 2013
Notarization is not a requirement under Texas law so long as it was signed and witnessed OR whole in the decedent's handwriting. Having a notary's...
Archived
I have a medical POA I am being told that I can not take him home. What do I do?
Kendall's answer
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Answered on December 09, 2013
If it is a properly executed POA, they should allow you to make decisions regarding his care under most circumstances. What reason are they giving...
Archived
Our father passed away but he is still legally married to his second wife even though they have been seperated for 5 years
Kendall's answer
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Answered on December 07, 2013
If they didn't get divorced, she has an interest in his estate assets. These estate assets would not include "non-probate" assets like a bank...
Archived
No will in state of TX. Spouse has 6 step children, what is the stepchildren's share of inheritance ?
Kendall's answer
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Answered on December 07, 2013
If you are asking what her children (YOUR stepchildren) would inherit without a will, GENERALLY, children inherit 2/3 of personal property and all...
Archived
Received check in deceased father's name. No will, no probate, but we have an affidavit of heirship?
Kendall's answer
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Answered on December 06, 2013
Mr. Paxton is correct. You now have the option of getting the check reissued in your individual named (if the financial institution will do...
Archived
Husband died & left me a gift to live in his home, I waived my homestead rights in a marital agreement do I pay property taxes?
Kendall's answer
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Answered on December 06, 2013
If you arw not living there and have no rights to the home, you should not be responsible for taxes.
Archived
What is involved (expense and complexity) to purchase my home in a trust. What would be the benefits of doing this?
Kendall's answer
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Answered on December 06, 2013
There are basically two good reasons to keep your home in a trust, estate tax avoidance (the current exemption limit is $5 million) and medicaid...
Archived
Do I need to get remarried?
Kendall's answer
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Answered on December 06, 2013
In Texas, you cannot remarry until your previous marriage is dissolved. Therefore, a formal marriage that happens before a final judgment of...
Archived
My soon to be daughter in laws mother has medical power of attorney over her due to a past mental health situation.
Kendall's answer
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Answered on December 06, 2013
The language of the Medical POA determines how long it is effective. It is either a date certain or, more likely, until revoked in writing.
A...
Archived
What type of attorney do I need: Probate or real estate to partition my deceased mothers home and when can I begin a partition
Kendall's answer
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Answered on December 06, 2013
Mr. Pyke is correct. You need someone familiar with both probate and real estate partitions. ANd you need someone who is able to handle the...
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