Jayton, TX Estate Planning Law Firms & Lawyers

If the person granting the Lowe is competent now, but planning for a future incompetence, you would use a durable power of attorney and a medical power of attorney and hipaa form. If he power grantor is presently incompetent, you need a judicial guardianship.

First, your father's estate must be probated by a Court heirship proceeding, small estate affidavit or Affidavit of Heirship, passing his interest to your mother (if all his children are her children). Second, if your mother lacked legal capacity to contract when she "sold" the lots to your sister, report elder exploitation to Adult Protective Services. Third, if the person who purchased from your sister did not know all this, your remedy is to sue your sister for the money she got from selling the lots. You may be eligible for free representation through Volunteer Legal Services or discounted representation through the Modest Means program of Lawyer Referral Service in your area or through a clinic at a nearby law school.

The court will only give you instructions on whether or not you need to file an inventory. As executor/administrator you should hire an attorney to advise you on how to proceed. The will may say whether you are to be paid or not. Often times even when the will says the executor can be paid, if the executor is also an heir and it is family, they often waive the fee. If there is no will then you are likely eligible for a statutory fee of up to 5% of the value of the estate (ie. the proceeds that you collect from selling assets).