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Is Income from a Trust Considered Community Property?

If you’re considering an income trust, there are a few things you should know about community property. This case gives some information on what you need to know about this type of trust and how it can benefit you.

Legal Case

Cleaver v. George Staton Co., 908 S.W.2d 468 (Tex. App. 1995)

Parties

Cleaver: Appellant Husband

George Staton Co.: Appellee Trustee and Trust Property Company

Facts and Procedural History

Facts: George Staton, Sr. died in 1966 and left a trust naming his wife as the sole beneficiary of the income from that trust for life. She was then single. The trust consisted of one twelfth of the assets of Staton lumber yard, subsequently incorporated as George Staton Company, Inc. and Staton Materials, Inc. In 1971, prior to reaching her twenty-first birthday, she married appellant husband. Jimmy Maurice Cleaver, appellant husband, and his wife were in the process of divorcing when Cleaver filed suit against George Staton Company, Inc. for fraud, conversion as well as breach of fiduciary duty and the Texas Trust Code. Cleaver, alleged appellees wrongly withheld trust payment from his wife. In his first amended petition, Cleaver attempted to name wife as an “involuntary plaintiff” under Tex. R. Civ. P. 39(a). The trial court dismissed his case for lack of standing and the court affirmed. The court found that the income his wife was to receive from the trust was likely separate property which the appellant husband had no claim to. In addition, if any interest in the trust income was community property, the court found it would be “special community” to the wife and she would have sole management of the property under Tex. Fam. Code Ann. § 5.22(a)(2) (1993). Therefore, the court found, only the wife had the authority to sue to recover the property and the “involuntary plaintiff” procedure united by Cleaver could not be used to erode that control.

Procedural History: The District Court of Cherokee County, Texas, dismissed husband’s suit against appellees. Appellant, husband, then challenged the order and claimed he did have standing and that appellees wrongly withheld trust payment from his wife. This court affirmed the lower court’s dismissal of appellant husband’s suit against appellees, trustee and trust property company.

Did Mr. Cleaver have standing?

No. The trust provided for mandatory payments of income to the Wife for life. She was conveyed no ownership interest in the cooperation of the trust and has no present possessory interest in the cooperation. The trust income payments to the Wife are therefore her separate property.

Takeaways

Lack of “capacity” to sue pertains to the legal right to prosecute a lawsuit in one’s own name, and arises from the disability of minority or mental incompetency.

On the other hand, “standing” is an element of subject matter jurisdiction. The “standing” doctrine requires that the plaintiff have a justiciable interest in the matter being disputed.

Do You Need to Hire a Probate Attorney in El Paso?

Have you lost a loved one and have no idea how to proceed? Our local Texas attorneys can help you through the probate process. A good probate attorney will guide you through every step of the process from beginning to end. Hire an experienced probate lawyer in the El Paso metro area or in the surrounding communities. Contact us on our homepage, and don’t forget to ask about our Free 30-minute probate attorney consultation. You can schedule your free consultation using the calendar on the right ->. From first steps to final distribution, we handle the entire probate process for you.

https://elpaso-probate.com/

Related Questions

Is trust income community property in California?

In California, community property is defined as any property that is acquired during a marriage or domestic partnership. This includes income from trusts, regardless of whether the trust is created during the marriage or partnership.

Are trusts protected in a divorce?

In a divorce, property that is held in a trust may be classified as either community property or separate property. The classification of trust property will affect how the property is divided in a divorce.

Is trust income community property in Texas?

When it comes to dividing up property in a divorce, community property states have a few extra rules. Texas is a community property state, which means that any property—including income—that either spouse acquires during the marriage is considered community property and belongs to both spouses equally.

Is trust money community property?

When it comes to money and property, the law is clear: what’s yours is yours, and what’s mine is mine. But what happens when the lines between “yours” and “mine” start to blur? In the case of divorce, for example, the court will often divide property between the two spouses. But what about trust money? A trust is a legal arrangement in which one person (the “trustee”) manages property for the benefit of another (the “beneficiary”). If a beneficiary is married, the trustee must determine how much of the money to allocate to each spouse.

Is California a community property state?

California is a community property state, which means that certain property and assets acquired during a marriage are jointly owned by both spouses. This can have implications for how income and assets are taxed, as well as how they are divided in the event of a divorce.

Are trusts considered marital property?

If you’re considering getting a trust, you may be wondering if it will be considered marital property. Trusts can be an important part of financial planning, but it’s important to understand how they may be impacted by divorce.

The post Is Income from a Trust Considered Community Property? appeared first on El Paso Probate Attorneys, Kreig LLC.

May 25, 2022
Texas Probate Partition Cases on Appeal

Texas law provides that, in a partition action, the court has the power to sell the property on application of any one or more of the joint owners. The court may also grant money judgments against any or all of the joint owners. This is also true for inherited property. In fact, inherited property is treated differently in Texas. In 2017, the State of Texas adopted the Uniform Partition of Heirs’ Property Act to assist with this. When a person dies without a valid will, this type of action can be used to distribute the deceased person’s property to heirs. But are there differences for partition actions in inherited property cases if they go to the appellate court?

Probate Terminology

What is a Partition Action?

A partition action asks that the court divide the property in a fair manner for the co-owners. The need for partition often arises in situations where the co-owners can no longer get along. This allows a sale of the property to occur and allow the other person to keep whatever money they would have received if they had sold the property before their death (i.e., no probate).

Texas Rules of Civil Procedure, Rule 385

The Rule states that a transcript must be filed within twenty days, or the right to appeal will be lost.

Probate Case: Partition Suit

Griffin v. Wolfe, 610 S.W.2d 466 (Tex. 1980).

Background & Procedural History: Forced Sale of Property

In a partition suit, the District Court held the parties (Griffin and Wolfe) would have an equal share in the property at hand, ensuring they both owned a percentage, and appointed commissioners to carry out its instruction. Appellants filed their appeal bond and, within sixty days, filed a motion to obtain a time extension on their transcript filing. The Court of Appeals denied their motion under the rationale that Rule 385 applied and Appellants had not met the twenty day requirement for timely filing. The Supreme Court of Texas reversed the Court of Appeals judgment, holding that Appellant’s motion was timely because a partition case involves two judgments, the first of which is appealable as a final judgment. Therefore, the appeal was required to be held to the timeline of an ordinary appeal, which had occurred here.

Main Considerations

Does the case involve interlocutory orders? If so, Texas Rule of Civil Procedure applies, and requires that a transcript be filed within twenty days, or the appellants will forfeit their right to an appeal.

Takeaway

Griffin v. Wolfe shows that partition cases on appeal are governed by the rules of an ordinary appeal, and that motions to extend the time to file a transcript should be accepted if they meet the ordinary rather than the shortened timeline.

A partition action can be brought at any time the land was owned by joint owners. However, the right to partition is not absolute; in some cases, there are other competing considerations that may require you to hire an experienced lawyer to determine whether it is possible to bring a partition action. For example, sales taxes on real property transfers must be paid within six months of the transfer date, so if you are considering purchasing property from a joint owner, you should consult with an experienced tax lawyer before making the purchase.

Do You Need a Probate or Partition Attorney to Settle an Estate in El Paso, Texas?

Have you lost a loved one and have no idea how to proceed? Our local Texas attorneys can help you through the probate process. A good probate attorney will guide you through every step of the process from beginning to end. Hire an experienced probate lawyer in the El Paso metro area or in the surrounding communities. Contact us on our homepage, and don’t forget to ask about our Free 30-minute probate attorney consultation. From first steps to final distribution, we handle the entire probate process for you.

https://elpaso-probate.com/

Related Questions

How do you fight a partition action?

The first step in fighting a partition action is to file a written answer. In this answer, you will want to raise any and all defenses that apply to your case. In Texas, the court must take certain factors into consideration if their are heirs to an estate.

How do you respond to a partition lawsuit?

If a partition lawsuit is filed against you and you wish to avoid a forced sale of your property, it is important to respond quickly and correctly to the lawsuit. If you wait too long to respond, the court may order the sheriff to sell your property, or the sale of the property will be done by a real estate agent in an estate case.

What are the steps in a partition action?

The first step in a partition action is for the person who wishes to file the suit to file a complaint with the court. The complaint must state that there is property that is owned by someone other than the person filing the suit, and that the rightful owner of the property is entitled to have it turned over to them.

Next, a summons will be issued by the court. This summons will be served on all parties named in the complaint. The summons will notify them of the lawsuit and give them a date by which they must respond.

If any of the parties do not respond to the summons, they may be subject to default judgment, which means that they will automatically lose ownership of their share of the property without having their day in court.

Once all parties have responded, each side will present evidence and arguments to support their position before the judge makes a final decision on who should own what portion of the disputed property.

How to win a partition action?

Generally, it is a common desire of an estate to divide the property in equal shares among all the heirs. However, there are times when this goal proves quite difficult to achieve, mostly when one of the heirs does not agree with the proposed partition, or even refuses to participate in it.

The rule of thumb is that if one of the heirs objects to the proposed partition, then the parties involved (the executors, the heirs and the beneficiaries) should be able to reach an agreement. If they do not succeed, there are two possible ways to go forward: through partition by agreement or through partition by litigation.

In partition by agreement, the parties must come up with a mutually acceptable partition plan and file it before the probate judge. On the other hand, partition by litigation is a judicial process which implies that one party files a lawsuit against one or more other parties for an order for partition.

If you find yourself in a situation where you must win a partition action, there are a few things you can do to increase your chances of success. First, try to come to an agreement with the other heirs involved. If you can reach a mutually acceptable partition plan, this will be the quickest and easiest way to resolve the issue. However, if agreement cannot be reached, you may have to resort to partition by litigation. This is a judicial process in which one party files a lawsuit against another or others for an order of partition. Although this may take longer and be more complicated than reaching an agreement, it is still possible to win if you have a strong case. Be sure to consult with an experienced inheritance dispute lawyer who can help you navigate the legal system and give you the best chance of success.

Who pays for partition action?

When a real estate property is left in probate, the executor of the estate can take control of the property and sell it. In some situations, partition action is also available to heirs or beneficiaries. However, part of this efficiency may come at a price…you will have to pay for the partition action.

The executor of the estate is responsible for selling the property and distributing the proceeds to the heirs or beneficiaries. In some cases, the executor may choose to partition the property instead. Partitioning the property means that it will be divided up and sold off separately. The executor will still be responsible for distributing the proceeds from the sale, but he or she will not have to go through the hassle of selling a single piece of property.

Partition action can be a good option for heirs or beneficiaries; however, it is important to keep in mind that you will have to pay for partition action. This is something that you should discuss with your executor before making any decisions.

The post Texas Probate Partition Cases on Appeal appeared first on El Paso Probate Attorneys, Kreig LLC.

May 18, 2022
Alternatives to Probate: Collecting a Final Paycheck

Is Probate always necessary?

To collect a final paycheck there is a simple and inexpensive way to do it. Many of us have all been there before. A loved one has died and you are the one to handle their estate.

Probate is a process that is necessary in many cases. The Texas Estates Code provides for an inexpensive procedure for a surviving spouse to collect the final paycheck of the deceased spouse by the execution of an affidavit when there is no administration pending of the deceased spouse’s estate.

If the deceased person’s only asset is an unpaid final paycheck, the process of collection by probate is unnecessary. The Texas Estates Code provides for an inexpensive procedure for a surviving spouse to collect the final paycheck of the deceased spouse by the execution of an affidavit when there is no administration pending of the deceased spouse’s estate. In order to exercise this option, the spouse must first determine that the employer is not covered by a state workers’ compensation law. For example, federal employees are not covered by state workers’ compensation laws and are eligible to use this procedure.

How to Collect a Final Paycheck

If a bank account is the only asset of an estate, probate may not be required. The rules regarding whether or not a decedent’s final paycheck is exempt from administration are based on the Texas Estates Code. Under the Texas Estates Code, a final paycheck is exempt from administration if it meets all of the following criteria:

1. The decedent was domiciled in Texas at the time of death (Texas is the state in which he/she had his/her permanent legal residence);

2. The decedent’s employer is located in Texas;

3. No administration has been commenced on the decedent’s estate; and

4. The check represents wages for services performed within three months prior to date of death.

The affidavit for collection of a final paycheck must be filed with the clerk of court in the county where the person died. The affidavit may be filed by any person having an interest in the property or an attorney in fact for that person, except that if there is an executor or administrator appointed or qualified, then the affidavit must be filed by that person or by his/her attorney-in-fact.

Conclusion

The Texas law provides for an inexpensive procedure for a surviving spouse to collect the final paycheck of the deceased spouse by the execution of an affidavit when there is no administration pending of the deceased spouse’s estate.

Do You Need a Probate Attorney to Settle an Estate in El Paso, Texas?

Have you lost a loved one and have no idea how to proceed? Our local Texas attorneys can help you through the probate process. A good probate attorney will guide you through every step of the process from beginning to end. Hire an experienced probate lawyer in the El Paso metro area or in the surrounding communities. Contact us on our homepage, and don’t forget to ask about our Free 30-minute probate attorney consultation. From first steps to final distribution, we handle the entire probate process for you.

https://elpaso-probate.com/

Related Questions:

What happens if a will is not probated in Texas?

If a person dies without a valid will, Texas has laws in place to determine how their estate will be distributed. For example, Texas law requires that the estate goes to the spouse, if any. When there is no spouse, it goes to the children in equal shares. If there are no children or spouse, then it may go to the parents in equal shares, or if both parents are dead then it may go to the grandparents. However, there are instances where the laws of intestacy do not apply. In some cases, the laws of intestacy will not apply. For example, if the deceased person owned property in another state, that state’s laws would govern how the property is distributed. Additionally, if the deceased person had certain types of property, such as a life insurance policy or retirement account, that name beneficiaries, those beneficiaries would receive the property regardless of whether or not there was a valid will in place.

Can you settle an estate without probate in Texas?

The answer is “yes”. It may be possible for people to transfer assets quickly and easily as part of a probate avoidance strategy. Approaches vary from state to state, but many of them are faster and less expensive than going through the probate process.

In 2010, Texas changed its law governing the probate process to streamline the process and eliminate the need for some larger estates to go through probate. This change is known as “Probate Express” or “Self-proving Affidavit.” The new law expanded the types of assets that could be covered through probate express/self-proving affidavit. It also reduced the number of hearings associated with probate express and changed the procedure for determining what could be included through probate express.

Since the law change in 2010, it has been possible for people to transfer assets quickly and easily without having to go through probate. This is especially beneficial for those with larger estates who would otherwise have to go through the more lengthy and expensive process. The 2013 legislature changed the law again, making it even easier for people to take advantage of this probate avoidance strategy. There are a few reasons why somebody might want to avoid probate. The first reason is that it can be expensive. Attorney fees, court costs, and executor fees can all add up. The second reason is that it can be time-consuming. Probate can take months or even years to complete. Finally, probate is a matter of public record. This means that anybody who wants to can look at the details of your estate and see how much money you have, what property you own, etc.

For people who want to keep their affairs private, avoiding probate is a good option. There are a few different ways to do this. One way is to set up a living trust. With a living trust, you transfer ownership of your assets into the trust while you’re alive. Then, when you die, the trustee—the person you’ve chosen to manage the trust—can distribute those assets according to your instructions without having to go through probate court.

Another way to avoid probate is through joint ownership of assets with someone else. This could be done by putting assets in both your name and your spouse’s name or by setting up something called tenants in common where each person owns a percentage of an asset jointly with other people.. For example, if two people own a house as joint tenants with right of survivorship and one dies, the other becomes the sole owner automatically—without having to go through probate court.

Does an executor have to show accounting to beneficiaries in Texas?

Probate attorneys are often asked this question. The answer is no, not if there is no dispute between the executor and the beneficiaries. Many times, if there is a trust involved in the estate, an accounting is required by the terms of the trust. If a trust was not involved, but an executor is handling assets of a decedent, the executor may be required by the probate court to account if a beneficiary files an accounting petition with the court.

The only reason an estate even has to go through probate is if there is a Will and the Will has not been followed exactly as written or if there is no Will at all. Since there are certain boxes that must be checked off in the probate process (home inventory, appraisal, etc.), it makes sense that an accounting is also required. It sounds like you have a very comfort level with your chosen executor, so I’d say to trust his/her judgement on this one.

How do you process final pay for a deceased employee in Texas?

Final pay is a tricky thing. How do you quickly and legally process final pay for a deceased employee? This is a question that comes up frequently. In Texas, there are no laws or regulations that govern final pay. However, there are two ways to handle paying the employee: through the Texas Payroll Tax Form – Form SP3, or through an insurance provider, such as TPAF.

The first step in paying the final paycheck is to figure out the amount of taxes. We must have an accurate gross salary to calculate these taxes. This is why it is important to know if your employee has already paid their own taxes on the income. If they have already paid, you will receive a W-2 from their employer with all the information you need to determine your state and federal payroll tax deduction. Your employee’s gross salary will be calculated on Form SP3 for your state and federal payroll taxes along with any county taxes you may have. If your employee worked in multiple states during the course of their employment, you will need to figure out the final pay for each state. You will use Form SP3 to calculate the gross salary and taxes for each state. Once you have calculated the gross salary and taxes for each state, you will add them together to get the total amount of final pay due to the employee.

The next step is to determine how you will pay the employee. There are two options: through an insurance provider or directly from your company. If you choose to pay through an insurance provider, they will issue a check directly to the employee. If you choose to pay directly from your company, you will need to write a check yourself and deliver it to the employee.

Once you have determined how you will pay the employee, you need to fill out a W-9 form. This form provides information about the recipient of payments from your company. The W-9 form must be filled out completely and accurately in order for payments to be processed correctly.

After filling out the necessary forms, calculating gross salary and taxes, and determining how you will pay the employee, you are ready to process final pay!

How to probate a will in Texas?

Probate a will, or trust in Texas is not very difficult for most families. The process being what it is, a will, or a trust is the best way to have property distributed after you die. There’s no way around it. It’s the law, and most people accept it will be done regardless of their feelings on the matter. Often times family members find themselves disagreeing with the terms of the will, or not receiving what they believe they’re entitled to, but they do it anyway because they understand that it’s in their best interest. This also happens when someone passes away and didn’t have a will.

If you’re wondering how to probate a will in Texas, the process is actually not too difficult. In fact, for most families, probating a will or trust is simply a matter of following the law. While there may be times when family members don’t agree with the terms of the will or don’t receive what they believe they’re entitled to, it’s still in their best interest to go through with the process. After all, without a valid will or trust in place, distributing property after someone passes away can become complicated very quickly.

The post Alternatives to Probate: Collecting a Final Paycheck appeared first on El Paso Probate Attorneys, Kreig LLC.

May 11, 2022
Can a Guardian Sell Assets of a Deceased Ward?

Introduction

A guardian is a person who has been appointed by the court to make decisions regarding the personal matters of an individual. A guardian may be appointed to take care of a minor or adult with disabilities or an elderly person. As a guardian you are legally responsible for managing your ward’s assets, including their income and property. You have the power to enter into contracts and manage your ward’s financial affairs in accordance with his or her will, any trust documents and/or any other applicable legislation. This article deals with the assets of a deceased person and the powers and duties of a guardian of the estate of a person who is a minor or of unsound mind.

Under guardianship, a court will appoint someone to manage your personal finances when you are unable to do so. This person is referred to as your “guardian” and is responsible for financial decisions on your behalf.

In Carroll v. Carroll, 893 S.W.2d 62 (Tex. App. 1994), the Court of Appeals considered the jurisdiction of a county judge in a guardianship proceeding to order, one year after the ward’s death, the sale of land in the ward’s estate to pay the ward’s debt to the nursing home in which she resided for twenty-one years before her death.

Terminology:

non compos menti: not having control/mastery of one’s mind.

Parties

Appellants: Carl Carroll Jr., ET AL.

Appellees: Vernon Carroll, Norman Carroll, A. J. Carroll

Facts and Procedural History

On August 20, 1960, Ed Davis and Ida Mae Carroll Davis executed a joint will. Ida Mae Carroll Davis was appointed independent executor of her husband’s estate. The will provided that Norman Carroll, A. J. Carroll and Vernon Carroll were to receive title to the Davises’ 59.7 acre farm, subject only to Ida Davis’ life estate. On July 2, 1965, at the age of 71 years, Ida Davis moved into a nursing home. Her nephew, Dr. Carl Carroll, subsequently commenced guardianship proceedings against her and the county court declared Ida Davis to be non compos mentis and appointed appellant, Dr. Carroll, as guardian of her person and estate. Ida Davis died on September 17, 1986 at the age of 92 years.

On August 27, 1987, nine years after he was appointed guardian and almost one year after Ida Davis’ death, Dr. Carroll filed an application (in the guardianship case) and requested permission to sell the 59.7 acre farm. In the application, Dr. Carroll alleged that the farm was worth $ 60,600.00. Dr. Carroll also submitted a claim from the nursing home which alleged that the guardianship estate owed the nursing home $ 97,586.39. On September 8, 1987, the county court granted Dr. Carroll’s application and signed an order of sale. Dr. Carroll subsequently executed a deed and conveyed the 59.7 acre farm to Clarence Carroll, as trustee for the nursing home, to satisfy the debt to the home. On September 21, 1987, the county court entered a decree confirming the sale of the property by the guardian.

On December 31, 1987, Vernon Carroll, Appellee filed an application in the County Court of Lavaca County to probate Ida Davis’ will. On June 26, 1990, the county court admitted Ida Davis’ will to probate and appointed Vernon Carroll as independent executor of her estate.

On August 19, 1991, Vernon Carroll and others alleged that pursuant to the will, they owned the 59.7 acre farm in fee simple and sued appellants, Carl Carroll, for a declaratory judgment, trespass to try title, removal of cloud on title, cancellation of deed, damages and attorneys’ fees. On November 25, 1992, the district court rendered judgment declaring the following to be void and of no effect: the county court’s order of sale, the county court’s decree confirming sale, and Dr. Carroll’s deed conveying the 59.7 acre farm to Clarence Carroll as trustee for the Yoakum Memorial Nursing Home. The district court declared that fee simple title to the 59.7 acre farm passed to Vernon Carroll and others named in the will. Plaintiffs were awarded damages (rental value of the property) and attorneys’ fees, and the court issued a writ of possession in favor of appellees.

Appellants now complain that the district court should have dismissed this case for lack of jurisdiction because Vernon Carroll’s application for probate of Ida Davis’ will, and the guardianship proceeding were commenced, and pending, in the county court prior to the initiation of appellees’ action in the district court.

Issue

Did the district court have jurisdiction to hear this case while the deceased’s estate remained pending in the county court?

Under Tex. Prob. Code Ann. § 5(b) and (e) the District Court of Lavaca County and the County Court of Lavaca County have concurrent jurisdiction. District courts, the courts of general jurisdiction, have jurisdiction over suits involving the validity of claims against the estate of a decedent which is being independently administered.

In the present case, because a suit was brought to establish title, and the interests of the real property, the district court is the more appropriate tribunal. The nature of appellees’ cause of action involved issues that the probate court did not have jurisdiction over. In addition, the powers of the probate court are inadequate to grant the plaintiffs the full relief and because of this, the district court has jurisdiction and may grant such relief.

Takeaways

A guardian has no authority to sell property belonging to the estate of the deceased ward one year after the ward’s death.

Upon the death of the ward, the guardian has only the obligation and authority to file a final accounting and to inform the court of the expenses and debts against the estate remaining unpaid (Tex. Prob. Code Ann. § 405).

As long as an estate remains under control of an independent executor, the probate court lacks jurisdiction to consider and approve claims against the estate. (Tex. Prob. Code Ann. § 145(h) (1980).

District courts, the courts of general jurisdiction, have jurisdiction over suits involving the validity of claims against the estate (such as a title claim) of a decedent which is being independently administered.

Do You Need a Probate Attorney to Settle an Estate in El Paso, Texas?

Probate attorneys are skilled in estate and trust administration, from the initial delivery of an accurate death certificate to the final distribution of all assets according to the court order. A good probate attorney will guide you through every step of the process from beginning to end. Hire an experienced probate lawyer in the El Paso metro area or in the surrounding communities. Contact us on our homepage, and don’t forget to ask about our Free 30-minute probate attorney consultation.

https://elpaso-probate.com/

Related Questions

What happens to guardianship when the ward dies?

When a person dies, their assets must be distributed according to the deceased’s last will and testament. The process of distributing the assets can sometimes be tricky and often takes years to complete. If the deceased had an estate, distributing their assets can be extremely complex and time-consuming.

What is the difference between guardian and successor guardian?

A guardian is a person appointed by a court to manage the property of another person, usually a minor child or an adult who is legally unable to manage his or her own affairs. If a guardian is no longer able to fulfill their duties, the court will appoint an acting successor.

When does guardianship end?

When a minor reaches the age of majority, their guardianship ends. Most states set the age of majority at 18; some states make it 21. The age of majority will vary depending on whether the child is in care or not. In many cases, the guardian remains in charge and simply changes from sole to joint.

What happens to a child if their guardian dies?

When a guardian dies, the duties of that guardian are transferred to the successor guardian. The successor guardian is responsible for all subsequent decisions concerning the child or incapacitated adult until another guardian can be appointed.

What happens when a ward of the state dies?

A guardian must take care of the ward’s final wishes. This includes making funeral, burial or cremation arrangements. In some instances, the guardianship may be ended via a special court order after a hearing is held detailing the reasons why it should end and what has been done on behalf of the ward.

The post Can a Guardian Sell Assets of a Deceased Ward? appeared first on El Paso Probate Attorneys, Kreig LLC.

May 4, 2022
Probate When Heirs Live Outside the United States

Probate is the legal process by which a will, trust, or life insurance policy is administered and assets are distributed. The process is often complicated, especially when a person has assets located outside the U.S. where laws for probate administration may be different than those of Texas.

If you are an heir of someone who has passed away and you live outside the United States, there are some things you should know about the probate process.

Probate Outside the U.S. (Foreign Probate)

Probate is the legal process by which a person’s will, trust, or life insurance policy is administered and assets are distributed. The process can be complicated, especially when a person has assets located outside the U.S. This is sometimes called Foreign Probate. In these cases, it is important to be aware of the laws for probate administration in both the country where the deceased person resided as well as your own country of residence.

There are a few options available to heirs who wish to have their inheritance dispersed according to the terms set forth in a will or trust agreement. One option is to open a foreign probate proceeding in the country where the assets are located. This can be done with the help of an attorney experienced in international law. Another option is to file for recognition of a foreign judgment in your own country. This is usually less expensive and time-consuming than opening a new probate proceeding overseas.

By far the best option is to have a will drafted by a lawyer in the country where the inherited assets are located. This allows you to avoid costly and time-consuming probate proceedings abroad, while following the same steps as if you were filing for recognition of a foreign judgment in your own country. The best way to avoid foreign probate is to have a will drafted by an attorney in the country where the inherited assets are located. When a will has been prepared, you need to file it with an appropriate government agency. In most cases you can do so without having to hire a lawyer. However, if there are any questions or issues with following the procedures in your jurisdiction, it’s best to seek professional legal assistance.

It is possible to file for recognition of a foreign judgment in your own country. If you live in a country where inheritance rights are governed by the law of an international treaty, then it is possible to file for recognition of a foreign judgment in your own country. A foreign judgment recognition proceeding is similar to a normal probate proceeding; both must be filed with the local court, and both must include certain evidence that shows that the will or trust agreement was valid.

Whatever route you decide to take, it is important to seek professional legal assistance to ensure that your rights as an heir are protected and that you receive your inheritance according to your wishes. The services of a lawyer specializing in probate law can help you to ensure that your rights, and the wishes of your deceased loved ones as stated in their wills, are respected. It is vital that you meet all legal requirements to inherit your loved one’s estate.

Do you need a lawyer to probate a will in El Paso, Texas?

Hire an Experienced Probate Attorney in El Paso. Do you need help with a probate matter in El Paso-metro area or the surrounding communities? We are experienced probate lawyers who represent clients with sensitive probate matters. If so, please visit our homepage to see how we can help.

Related Questions:

How do I claim an overseas inheritance?

If you want to claim an overseas inheritance, you need to start by researching the estate and its potential heirs. If you were named as an heir in a will outside the United States, you may need to go through the process of probate to collect your inheritance. If you live in the United States and are named as an heir in a foreign will, you may still need to go through the probate process, but only if you want to claim the inheritance in the United States.

Can a non U.S. citizen inherit from a U.S. citizen?

Under the laws of intestate succession, a non U.S. citizen may be able to inherit from a U.S. citizen.

Can my will beneficiary be from another country?

You may be able to leave your worldly goods to someone who lives outside of the United States. To do so, you will need to establish a foreign will trust. A foreign will is a document that transfers your property to a trustee living in another country.

Can you leave your estate to someone in another country?

You can leave your estate to someone outside of the United States. You should also have a will in place.

If you live in the United States and want to leave your estate to someone who lives outside the country, you may wonder what steps you need to take to do that. An experienced estate planning attorney can help.

How much can a non U.S. citizen inherit?

If you live outside of the United States and you are an heir to an estate, you may have to go through probate. Probate is a legal process that varies by jurisdiction. The goal of probate is to determine the rightful heirs, who will be listed in the deceased’s will, and to transfer any assets left to them.

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April 27, 2022