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[Legal Question] Estate Law

Discussion in 'BBS Hangout' started by VooDooPope, Jun 5, 2012.

  1. VooDooPope

    VooDooPope Contributing Member
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    My grandfather passed away 13 years ago. He died without a will, with very little debt but also very few assets. My grandma never did anything about probating the estate or anything like that.

    Basically it broke down like this:
    ~20K 401K retirement savings from my grandma's work in her name
    House - 130,000 ~ value paid off in both his and her name
    10 acres of land in Cleveland TX in his name only from a inheritance from his parents

    Now my grandma is wanting to sell the house but she doesn't know what she has to do since she never probated his estate and the house is in both of their names.

    Anyone know what she has to do, or know any good estate lawyers who work cheap, she's living off social security and can't afford the maintenance, insurance etc on the house much longer.

    Thanks in advance.
     
  2. kevC

    kevC Contributing Member

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    I don't know about estate law but I can go toe to toe with you on bird law.

    [​IMG]
     
  3. rhadamanthus

    rhadamanthus Contributing Member

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    I cannot help, but I can provide a moderately relevant cartoon:

    [​IMG]
     
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  4. SwoLy-D

    SwoLy-D Contributing Member

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    In what state and county is this? :confused:
     
  5. OldManBernie

    OldManBernie Old Fogey

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    The distribution depends on whether those properties are community property or separate property.

    401K - if the contributions were made during the marriage, then it is community property. Your grandmother should get all of this as community personal property.

    House - if it is bought during marriage and the money used does not trace back to your grandfather's separate property, it is likely to be community property. Your grandmother should get all of it as community real property.

    Land - if it is inherited, it is probably going to be separate property. That means your grandmother 1/3 of it in life estate, and the rest goes to the surviving children.

    Your grandmother may need to go through the probate process to get a clean title to the house before she can sell it. If you need some help, I can PM you my office number. I don't generally deal with probate, but if this is more complicated, I may be able to pass you to someone who can help.
     
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  6. OldManBernie

    OldManBernie Old Fogey

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    Quick question... is the house located on that 10 acre tract of land?
     
  7. SwoLy-D

    SwoLy-D Contributing Member

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    :( ARGH, Missed the City and State in the OP. How'd I skip that? FAIL.
     
  8. Prince

    Prince Member

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    dude, you just saved money from atty fees. :)
     
  9. VooDooPope

    VooDooPope Contributing Member
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    The 10 acres are in Cleveland Texas. There is no house on that property.

    The house where she lives, they purchased together, paid for in full and is in Oak Forest, Houston, TX.

    The 401K was from her work not his if that makes any difference.
     
  10. VooDooPope

    VooDooPope Contributing Member
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    I sent you an email to your yahoo. Thanks
     

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