How Do I File an Objection to Probate Petition?
To file an objection, you or your attorney must submit an Objection to Probate Petition to the probate court where the petition for probate of the will was filed. In doing so, you will need to follow the local filing rules for that court. Because objecting to probate and contesting a will typically involves technicalities […]
What Happens When a Beneficiary Is Living In an Inherited House?
Inheriting real estate with other people can be challenging, particularly when one of the beneficiaries is living in the house owned by a deceased loved one. This scenario commonly occurs when siblings jointly inherit their parent’s home and one of the siblings is living in the home—this situation can lead to increased family tensions during an already […]
What Is a Petition for Determination of Descent/Heirship?
Executive summary Introduction When a beneficiary or heir is either left out of a probate petition or believes they should be entitled to receive some benefit from an estate, they can file a Petition for Determination of Descent, also sometimes referred to as a determination of heirship. Through this petition, they can request that the […]
What Is Considered Property for Someone Who Died?
When someone dies, their property must be passed on to their heirs and beneficiaries. Everything that a person owns individually will be considered their property upon their death. This includes personal property such as cash, stocks, vehicles, clothes, furniture, and jewelry, as well as real property such as land and buildings. Some assets will be […]
Who Has More Rights, a Trustee or the Beneficiary?
When comparing a trustee and a beneficiary of a trust, it is difficult to say who has “more rights,” as they each have completely different roles, powers, and responsibilities. While the trustee has a great deal of authority to administer the trust and manage its affairs, they also are bound by a fiduciary duty to […]
How Do I Get My Siblings Out of Our Deceased Parents’ House?
If your adult siblings refuse to leave your deceased parents’ house, there are legal actions you can take. The appropriate course of action for your situation will depend largely on who inherited the home. For instance, if the sibling did not inherit the home, whoever received ownership can pursue an eviction. However, under Texas law, […]