FAQ2019-06-09T00:22:55+00:00
My mother passed away Feb 5, 18 I know there is a trust fund how can I find out who is the trustee2019-06-09T00:48:25+00:00

I live in Dallas tx my mother passed in Cleve,ohio Feb 5, 18 I know there is a trust fund I have two sisters who live in Cleve,ohio and they can’t find out much is there a way to find out who is the trustee?


If you know what bank the trust uses, you may be able to get the name of the trustee from them (or they may not be willing to provide that information). You should talk to an attorney in Ohio to see if you can demand information through the courts.

Ramsey Law PLLC  is based in San Antonio, Texas and answers questions on AVVO.com for general information purposes only. Attorney answers are intended to be informative only and do not establish an attorney-client relationship. If you would like to hire an attorney from RAMSEY LAW, PLLC, please see us online at https://saWills.com or call us at (210) 910-8431

If I am married and have a property in my name only, will it be split up among my husband’s children if he dies first?2019-06-09T00:49:43+00:00

My husband has two children from another marriage. I have one child from a previous relationship, and we have a child together. I bought two rental properties (the title and mortgage are in my name only) after we were married. My husband and I manage them and use the rental income for our bills and improvements to our residence. I collect the rent and pay the mortgages out of a checking account that is in my name only. If my husband dies first, will his daughters have any claim on the property? Is it a probate item? Is there any way to protect the property, such as placing it in a trust?


If you want this to be considered you separate property, the best thing to do would be to hire an attorney to prepare an agreement for you AND your husband to sign (assuming he will agree to sign). As the other attorney mentioned, the law presumes property purchased during marriage is community property (owned jointly), regardless of whose name it is in. You can convey your interest in the property through a Will, Trust or deed. If you don’t, the law will decide how the property passes after death. If it is community property, his kids may have a at least a partial interest (also depends on whether he has a Will). I suggest talking to an estate planning attorney about a separate property agreement, Will or Trust, and/or a Transfer-on-Death Deed. There are a lot of factors to consider, so I wouldn’t recommend trying to do this without an attorney’s assistance.

Ramsey Law PLLC  is based in San Antonio, Texas and answers questions on AVVO.com for general information purposes only. Attorney answers are intended to be informative only and do not establish an attorney-client relationship. If you would like to hire an attorney from RAMSEY LAW, PLLC, please see us online at https://saWills.com or call us at (210) 910-8431

 

How can I make the insurance company show me my late husband’s policy that I am the beneficiary of?2019-06-09T00:57:33+00:00

My husband passed away October 15, 2017 and is retired from the City of Dallas. When requesting survivorship benefits I was initially denied because we were married after he retired – when I pointed out we were common law married over 20 years, they then claimed he had a 10 year certain policy and I was not eligible for benefits because he had been retired for over 10 years, but will not show me a copy of the policy to verify this change in their statement. My husband has stated many times over the years he had full survivorship coverage on his policy. What I can I do to see the policy, and if full not a 10 year policy, claim common law marriage since their rules seem to have changed as of 01/01/2018 and will no longer recognize common law when in 2017 they would?? I have been trying to resolve this November 2017, when common law was still recognized by the City of Dallas according to new laws in 2015 in Texas. – – I am currently living in Michigan, but am looking for a TX attorney to help.

 

attorney answer


If they won’t provide information or documentation with a death certificate, you may have to file an heirship determination proceeding to establish your status as the spouse. If I am not mistaken, Texas law presumes there was no marriage if you don’t file suit to enforce your interests within one-year of death, so you need to act soon. Common law marriage is allowed in Texas, but it is not always easy to establish in court. It could be even more complicated if he resided outside of Texas at the time of his death (unless Michigan also allows common law marriage). I would try to find a probate attorney in Texas who talks about common law marriage on his/her website and also has experience with probate litigation. The first thing to determine will be whether you can file in Texas or if you have to file in the state where he resided at death.

Ramsey Law PLLC is based in San Antonio, Texas and answers questions on AVVO.com for general information purposes only. Attorney answers are intended to be informative only and do not establish an attorney-client relationship. If you would like to hire an attorney from