AV Preeminent Peer Rated Attorneys
Kyle Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Kyle Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Kyle Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 400 S. Old Hwy. 81, Kyle, TX 78640

  • 154 Elmhurst Dr., Ste. B, Kyle, TX 78640

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  • 121 Hall Professional Center, Ste. A, Kyle, TX 78640

  • P.O. Box 99, Kyle, TX 78640

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Looking for Estate Planning Lawyers in Kyle?

Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can my sister purchase our parents property in estate that has not been probated without my knowledge and then sell it without my knowledge

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
First, your father's estate must be probated by a Court heirship proceeding, small estate affidavit or Affidavit of Heirship, passing his interest to your mother (if all his children are her children). Second, if your mother lacked legal capacity to contract when she "sold" the lots to your sister, report elder exploitation to Adult Protective Services. Third, if the person who purchased from your sister did not know all this, your remedy is to sue your sister for the money she got from selling the lots. You may be eligible for free representation through Volunteer Legal Services or discounted representation through the Modest Means program of Lawyer Referral Service in your area or through a clinic at a nearby law school.
First, your father's estate must be probated by a Court heirship proceeding, small estate affidavit or Affidavit of Heirship, passing his interest to your mother (if all his children are her children). Second, if your mother lacked legal capacity to contract when she "sold" the lots to your sister, report elder exploitation to Adult Protective Services. Third, if the person who purchased from your sister did not know all this, your remedy is to sue your sister for the money she got from selling the lots. You may be eligible for free representation through Volunteer Legal Services or discounted representation through the Modest Means program of Lawyer Referral Service in your area or through a clinic at a nearby law school.
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What is the probate process after a parent's death?

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Answered by attorney Mark T. Peters (Unclaimed Profile)
Estate Planning lawyer at Peters Law, PLLC
Somebody needs to apply for probate. In this case, it would probably be his wife and it would be started where he died. However, you say temporarily. Was he on vacation or was it an extended stay? Did he tell you it was temporary so you wouldn't get mad? Regardless, if he really live in your state, I suppose you could open up a probate there, but eventually someone will win the battle of the probate forums. If the wife opens in the other state, she can then use that to open a probate in your state to handle his property there. You need to talk with an attorney and his wife and figure out the best way to proceed.
Somebody needs to apply for probate. In this case, it would probably be his wife and it would be started where he died. However, you say temporarily. Was he on vacation or was it an extended stay? Did he tell you it was temporary so you wouldn't get mad? Regardless, if he really live in your state, I suppose you could open up a probate there, but eventually someone will win the battle of the probate forums. If the wife opens in the other state, she can then use that to open a probate in your state to handle his property there. You need to talk with an attorney and his wife and figure out the best way to proceed.
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How do I obtain legal executive of my daughter's estate?

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
Hire a probate lawyer who practices in the county in which your daughter lived and died.  Depending on the size of the estate, you may be able to file a Small Estate Affidavit.  This costs less than a determination of heirship and does not require a court appearance.
Hire a probate lawyer who practices in the county in which your daughter lived and died.  Depending on the size of the estate, you may be able to file a Small Estate Affidavit.  This costs less than a determination of heirship and does not require a court appearance.
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