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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6855
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Honestly, I do not want to pay . I just want a simple

Customer Question

Honestly, I do not want to pay for this. I just want a simple answer to a fairly simple question.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes, we have an attorney; but, he is out til' monday and this one question is just nagging me.
JA: What advice did they give you?
Customer: Two of us went in together to discuss the issue; but, I understood it one way and they understood another way.
JA: Is there anything else the Lawyer should be aware of?
Customer: No, very simple.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Legal
Customer: replied 7 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Irwin Law replied 7 months ago.
I don't see the question that is nagging you. Also, if I give you the quick answer that you're looking for, I would appreciate a favorable rating for my answer. I believe that you have offered payment for the answer.
Expert:  Irwin Law replied 7 months ago.
I may be able to offer the telephone conference service, but that is more money. Let me know if you are interested
Customer: replied 7 months ago.
parents passed away, will has been probated with an administrator, 5 equal beneficiaries. One beneficiary was served with a Level 2 of rule 190 Texas Rules of Civil Procedures. Once property is sold, how does the money get distributed? Does his shares go to the person suing him?
Expert:  Irwin Law replied 7 months ago.
Level 2 of rule 190 Texas Rules of Civil ProceduresI have no idea what that is. It sounds like a Levy of execution or an attachment. If a beneficiary of an estate is being sued, but no judgment against him has been entered, and no prejudgment attachment, then his share of the estate may be distributed to him directly and his creditor can be ignored. If there is a judgment against the beneficiary, the creditor can execute against his distributive share of the estate. In that case, if that was done than the executor must distribute his money to the creditor. Does that tell you everything you need to know? I hope it's helpful and that you will enter a positive rating for my answer
Customer: replied 7 months ago.
This rule is a "discovery" rule. Apparently, a person can sue another person for back child support even it is been over 20 years since one of the beneficiaries is inheriting a equal percentage to property. If I understood you correctly, the person suing is like a creditor. The "creditor" will just get his/her equal percentage from the sale. So let's say it is 100,000 dollars. The creditor is requesting 50,000 dollars. The creditor would only get his portion 20,000 dollars, correct?
Expert:  Irwin Law replied 7 months ago.
If the creditor obtains a judgment against the heir, he can only execute against that heir's share of the estate. If the maximum that the heir is entitled to From the sale of an estate asset is 1/5 or $20,000, then there is no way out that the creditor can attach $50,000 of the proceeds. I hope this explains the situation sufficiently.
Expert:  Irwin Law replied 7 months ago.
Hello again. Do you have a follow-up question? I am not an employee of Just Answer and I receive credit for assisting you based on your rating. I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.