trust litigation Archives - RMO Lawyers, LLP | Probate, Trust, Estate Litigation Attorneys
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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, …

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Does an Executor Have to Show Accountings to Beneficiaries?

In Texas, while an executor of an estate does have to file an inventory, appraisement, and list of claims with the probate court, they are not necessarily required to show accountings to beneficiaries. A personal representative must file an inventory of the estate assets within 90 days of qualification. After that, in a dependent administration, …

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How To Divide Inherited Property Between Siblings?

When people pass away, they often leave behind bank accounts, investments accounts, retirement accounts, real property (homes, rental properties, etc.) and other personal assets as inheritance for their survivors. But how do two or more siblings divide up inherited real estate and other property? This question has caused countless family quarrels. However, you can take …

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When a Husband Dies, What Is the Wife Entitled To?

Upon losing her husband, the determination of what the surviving wife will inherit will be based on a combination of state law, the husband’s last will and testament, his revocable living trust, any irrevocable trusts, retirement account beneficiary designations, payable-on-death or transfer-on-death account designations, pre-nuptial agreements, post-nuptial agreements, and potentially other estate planning documents. However, …

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¿Qué significa estar incapacitado en cuanto a un testamento?

Estar incapacitado en cuanto a un testamento puede significar dos cosas: 1) incapacidad testamentaria o 2) incapacidad legal o por minoria de edad. La ley de Florida no permite que una persona incapacitada cree, revoque o actualice un testamento, fideicomiso o designación de beneficiario existente.  En Florida, la capacidad testamentaria se define generalmente como la …

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