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My minor child received money upon my mother's death in 2007. As guardian of her estate, how do we give her the money to use?
Kendall's answer
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Answered on October 15, 2013
If you are asking the clerk, that likely means the money was deposited with the registry of the court. However, that may not be the case. All...
Archived
I am planning to get remarried soon. However, because I have one son. ; I want to write a will to insureall my assets are his.
Kendall's answer
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Answered on October 14, 2013
While it would still be valid, I always recommend you get your will looked at by an attorney after any life-changing event (like marriage) to make...
If both siblings are named executors of my mothers estate, should we have separate representation?
Kendall's answer
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Answered on October 14, 2013
This is impossible to answer without the specifics of what she has done or how the attorney has acted more on her behalf. Co-representation of...
Archived
Can my sister sell the house?
Kendall's answer
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Answered on October 13, 2013
It sounds like there is a written will. That will control. Texas does not recognize verbal/oral wills.
Archived
Both of my parents have died--my mom last April, my day in 2000. We are trying to sell a piece of real property.
Kendall's answer
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Answered on October 13, 2013
If the title insurance company will accept an affidavit of heirship, that will suffice. One concern, did your father have any children with anyone...
Archived
My wife is half beneificeries of her mothers will ,her brother is taken control of moneys and not tell sister anyting
Kendall's answer
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Answered on October 12, 2013
There could be legitimate reasons for this. These are complex matters. Consult a probate attorney. Many of us give free initial consultations.
Archived
Do I Need to sign a "Waiver of Citation, Affidavit and Disclaimer"?
Kendall's answer
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Answered on October 11, 2013
If you are an heir, even an heir to nothing, the applicant is required to serve you with every court hearing UNLESS you waive such service. It is...
Archived
My father died and I was on his bank trust account can I spend this money or do I have to pay off depts.,he left no will
Kendall's answer
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Answered on October 11, 2013
It sounds like you are asking if the account is a probate asset or non-probate asset. Probate assets are certainly liable for the debts of the...
Archived
I am told that a handwritten will is still legal and enforceable in Texas. Is this the case and what is the drawback of it?
Kendall's answer
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Answered on October 10, 2013
5. The cost to probate will be more versus an attorney drafted will than you will save by doing it yourself.
How long do you live with someone to be considered common law marriaged. What are the requirements living in Texas.
Kendall's answer
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Answered on October 10, 2013
Common law is not a bright line test. Nor is it based on living together for a certain number of years. The factors a court would look to are 1)...
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