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My mom is considered an Incapacitated person and a of state…

Customer Question
My mom is considered...

My mom is considered an Incapacitated person and a ward of state of Texas. I have been notified that my mom had not changed house in her name, after my dads death. So, I was notified that her children will split proceeeds of my fathers half of home. There were four kids during the marriage and three died leaving me as only child. Two of my brothers had seven children between them. I’ve received paperwork to sign in order to agree on gross proceed and according to DADS it was to be split according to laws in Texas. I’ve received the paperwork and noticed that the amount are grossly incorrect . I now sent it back , but needed some advise on some wording in the contract .

Lawyer's Assistant: Have you talked to a TX lawyer about this?

No I haven’t ..

Lawyer's Assistant: What steps have been taken so far?

The house is under contract to sell, and I have received my legal papers to sign the house over

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I

Submitted: 4 months ago.Category: Estate Law
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Customer reply replied 4 months ago
How Should my fathers proceeds from house be divided between me and my brothers 7 surviving children
Answered in 53 minutes by:
3/15/2018
Estate Lawyer: Jessica B,
 replied 4 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,640
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session.

I need a little more information. Are the proceeds from the sale of the home being paid to your father's estate or directly to his heirs?

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Customer reply replied 4 months ago
The proceeds from house are being paid to heirs.
Estate Lawyer: Jessica B,
 replied 4 months ago

Ok the next step in the analysis is which of his children died before him. Do you have that information?

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Customer reply replied 4 months ago
one brother died before him.
Customer reply replied 4 months ago
No, I’m sorry none did
Estate Lawyer: Jessica B,
 replied 4 months ago

Ok since no one died before him, all of his natural born children are entitled to an equal share. For the children who have died, their estates will inherit their portion of the proceeds.

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Estate Lawyer: Jessica B,
 replied 4 months ago

So based on the facts you have provided, the proceeds will be divided 1/4 to you, and 1/4 to each of your siblings estates.

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Estate Lawyer: Jessica B,
 replied 4 months ago

Please let me know if you have an additional question. If not, please remember to rate my service. Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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