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Need serious advice about dieing w/o a will

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    #91
    Make no mistake, I highly recommend everyone to get a will. I have one and the Estates I've dealt with had wills. My controversial comments were intended for the non willed estates. I know where this has happened and no one got in trouble but you have to cover all bases.

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      #92
      Originally posted by SabineHunter View Post

      By the way, who would do the filing of charges in a non-contested will? Anyone willing to answer?
      Who's going to witness and notarize the dead person's signature?

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        #93
        My mother passed away a few years ago without a will. A friend advised me to get with a lawyer and have an "affidavit of heirship" filed. In a nutshell, it will list the heirs to her "estate" and things can be sorted out by the heirs and not having to have the state sort things.

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          #94
          Originally posted by Tubby View Post
          My mother passed away a few years ago without a will. A friend advised me to get with a lawyer and have an "affidavit of heirship" filed. In a nutshell, it will list the heirs to her "estate" and things can be sorted out by the heirs and not having to have the state sort things.
          Sounds reasonable. Did it cost a lot, did it take a long time?

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            #95
            Originally posted by SabineHunter View Post
            Sounds reasonable. Did it cost a lot, did it take a long time?
            My friend drew up the paperwork, we signed and he notarized it.. took it to a lawyer and he filed it at the courthouse. The lawyer might have cost $100? I honestly don't remember the price. It didn't take long at all.





            As I and others have said, speak with a lawyer. I posted the affidavit as an example of what information is needed. I'm not saying download and fill out this exact form. Speak with a lawyer first.

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              #96
              Originally posted by Tubby View Post
              My friend drew up the paperwork, we signed and he notarized it.. took it to a lawyer and he filed it at the courthouse. The lawyer might have cost $100? I honestly don't remember the price. It didn't take long at all.
              Sounds like a real bloodsucker.

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                #97
                Originally posted by J Wales View Post
                Sounds like a real bloodsucker.

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                  #98
                  Originally posted by J Wales View Post
                  Sounds like a real bloodsucker.
                  Yeah, and tens of thousands, even 40k isn't. You must be one of them lawyers to stick up for them so much. They are the scum of the earth.

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                    #99
                    If you read in post #22 this 40k was for Guardianship, Family Settlement agreement, and then Probate with the selling of the house included.

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                      You wasted 40k

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                        Originally posted by Txhunter3000 View Post
                        If you read in post #22 this 40k was for Guardianship, Family Settlement agreement, and then Probate with the selling of the house included.
                        Originally posted by SabineHunter View Post
                        You wasted 40k
                        Read above carefully. He never said he paid $40k to a lawyer. He said settlement, which probably means he bought out someone's intrest in a property. He also said Guardianship, but let me guess; you probably have a way around the courts on that also.



                        Sent from my SM-A526U using Tapatalk

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                          Originally posted by SabineHunter View Post
                          Yeah, and tens of thousands, even 40k isn't. You must be one of them lawyers to stick up for them so much. They are the scum of the earth.

                          You caught me (even though it’s in my profile). But I self-identify as the non-bloodsucking type.

                          For what it’s worth, I know some lawyers that I would put in that category. I also know quite a few that are as honest, hard working and fair. As with everything, there are all types. Kind of like TBH members.

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                            Yes 40k went to the lawyer. When I had the initial consultation I asked if I could do this without a lawyer and he said no. The following is from the Williamson County Court #4 which I dealt with.

                            Pro Se Policy
                            Under Texas law, individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of the person and/or estate must be represented by a licensed attorney. The rule follows from the requirement that only a licensed attorney may represent the interests of third-party individuals or entities. The only time a pro se applicant may proceed in court is when truly representing only himself or herself.

                            Comment


                              Originally posted by Txhunter3000 View Post
                              Yes 40k went to the lawyer. When I had the initial consultation I asked if I could do this without a lawyer and he said no. The following is from the Williamson County Court #4 which I dealt with.

                              Pro Se Policy
                              Under Texas law, individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of the person and/or estate must be represented by a licensed attorney. The rule follows from the requirement that only a licensed attorney may represent the interests of third-party individuals or entities. The only time a pro se applicant may proceed in court is when truly representing only himself or herself.
                              You could have just said no and made life easier. SH won't stop even when he's wrong, now we are really going to have to listen to him.

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                                I know but he's entertaining to say the least

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