Inheriting real estate with other people can be challenging, particularly when one of the beneficiaries is living in the house. This scenario commonly occurs when siblings jointly inherit their parent’s home, which can lead to increased family tensions during an already emotional time. It is always preferable for siblings to work out an arrangement that …
What Happens When a Beneficiary Is Living In an Inherited House? Read More »
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 and request that the court issue an order that they are entitled to receive a distribution from the estate. California …
What Is a Petition for Determination of Descent? Read More »
If an executor is not communicating with beneficiaries, it can lead to trouble. An executor owes the beneficiaries of the estate they are administering a “fiduciary duty.” This means that the executor must exercise reasonable care and act in the best interests of those beneficiaries. As part of that fiduciary duty, an executor has a …
What To Do If an Executor Is Not Communicating With Beneficiaries? Read More »
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 …
Who Has More Rights, a Trustee or the Beneficiary? Read More »
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, …
How Do I Get My Siblings Out of Our Deceased Parents’ House? Read More »
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, …
Does an Executor Have to Show Accountings to Beneficiaries? Read More »
An IRA, or Individual Retirement Account, is a tax-deferred retirement savings account. Like most bank accounts, an IRA allows you to designate a beneficiary or beneficiaries who will inherit the account after your death. This enables you to pass an inherited IRA to your heirs outside of probate. If you and your siblings have jointly …
How Do You Split an Inherited IRA Between Siblings? Read More »
Tortious Interference with Inheritance Rights is a type of lawsuit that is only allowed in certain states. This cause of action allows a plaintiff to sue a defendant who intentionally prevented them from receiving an inheritance or gift through fraud or coercion or undue influence. To succeed in a tortious interference with inheritance rights claim, …
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Yes, Texas’s trust code can be found in Subtitle B of Title 9 of the Texas Property Code. While all of Title 9 governs trusts, Subtitle B is referred to as the “Texas Trust Code.” It contains almost all of the relevant provisions regarding trusts and their creation, administration, and termination. Here’s a quick guide. …
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 …
How To Divide Inherited Property Between Siblings? Read More »
Typically, if you are a beneficiary of a revocable living trust or an heir of a trustor or grantor (the person that created the trust), you have a minimum of 120 days to file your contest petition in the appropriate court, at least in California. The 120-day time period may seem excessively short, but statutes …
Once your position as a beneficiary of an irrevocable trust (after your loved one passes and their revocable trust becomes irrevocable, for example) vests, you have the right to receive a copy of the trust documents. The trust document operates like a contract and will spell out your rights and the trustee’s obligations, as supplemented …