katiebear21 0 #1 September 13, 2006 Ok, so this might not be the right forum but I need help/resources looking for a lawyer (to hire) familiar with Texas law. This is the deal: My dad died last year. He had no will and left some loose ends out there with regards to the divorce decree with my mother (29 years), his military pay, his personal property, etc. We assumed that his new wife (2 years) would carry out his wishes so we just let her handle stuff. She sold his car, trike, and pretty much drained their joint savings account. Now she wants to refinance the home to get $15K for some dental work but she needs our signature because Dad's name is still on the home or else she has to go through probate. We're thinking we need to get a lawyer because we don't really understand what the deal is. Any smart lawyer types out there??? Katie Get your PMS glass necklace here Quote Share this post Link to post Share on other sites
Viking 0 #2 September 13, 2006 you can just have Dave show up on her lawn and see if that scares her. lolI swear you must have footprints on the back of your helmet - chicagoskydiver My God has a bigger dick than your god -George Carlin Quote Share this post Link to post Share on other sites
bozo 0 #3 September 13, 2006 I went thru this a couple years ago, Katie, with my wifes mothers passing. Your dads wife broke a bunch of laws selling ANY of your dads stuff. What you need is a good Probate lawyer. We used one and he straightened everything out for us. Good luck bozo Pain is fleeting. Glory lasts forever. Chicks dig scars. Quote Share this post Link to post Share on other sites
katiebear21 0 #4 September 13, 2006 Quoteyou can just have Dave show up on her lawn and see if that scares her. lol Yeah, especially if he still has that truck with the big horns on it! Katie Get your PMS glass necklace here Quote Share this post Link to post Share on other sites
matthewcline 0 #5 September 13, 2006 Get the probate lawyer. Your being short changed and your mom too. But you don't want her debts to be passed to you through some horrible scenario. The military pay (as you know) is probably already done properly, but all the rest.An Instructors first concern is student safety. So, start being safe, first!!! Quote Share this post Link to post Share on other sites
katiebear21 0 #6 September 14, 2006 Yeah, Mom got fucked on the military stuff (all went to the new wife of 1 year). Thanks for the PM's... am calling for a probate in Texas tomorrow. Katie Get your PMS glass necklace here Quote Share this post Link to post Share on other sites
peanut4040 0 #7 September 14, 2006 GET A LAWYER KATIE and i HATE lawyersIts a good day to LIVE, why puck up a good thing. There is no reply in aad section for. " hell no i would not put an AAD on my back" Quote Share this post Link to post Share on other sites
bob.dino 1 #8 September 14, 2006 efs4ever is a lawyer in Texas... Quote Share this post Link to post Share on other sites
AggieDave 6 #9 September 14, 2006 Quote efs4ever is a lawyer in Texas... In Houston and I don't think he typically does these sorts of cases. He would, however, probably know of a lawyer in the DFW area that specializes in these sorts of cases.--"When I die, may I be surrounded by scattered chrome and burning gasoline." Quote Share this post Link to post Share on other sites
mnealtx 0 #10 September 14, 2006 QuoteYeah, Mom got fucked on the military stuff (all went to the new wife of 1 year). Thanks for the PM's... am calling for a probate in Texas tomorrow. Katie - definitely check on the military pay stuff. Depending on the circumstances of the marriage and how your Dad set up his retirement pay, your mother *should* be getting it and not the new wife.Mike I love you, Shannon and Jim. POPS 9708 , SCR 14706 Quote Share this post Link to post Share on other sites
flyangel2 2 #11 September 14, 2006 QuoteQuoteYeah, Mom got fucked on the military stuff (all went to the new wife of 1 year). Thanks for the PM's... am calling for a probate in Texas tomorrow. Katie - definitely check on the military pay stuff. Depending on the circumstances of the marriage and how your Dad set up his retirement pay, your mother *should* be getting it and not the new wife. It depends on how it was set up. My brother died while serving in the Navy. He had a new wife of a year and after his death she got all the military pay. His first wife and son got nothingMay your trails be crooked, winding, lonesome, dangerous, leading to the most amazing view. May your mountains rise into and above the clouds. - Edward Abbey Quote Share this post Link to post Share on other sites
mnealtx 0 #12 September 14, 2006 QuoteQuoteQuoteYeah, Mom got fucked on the military stuff (all went to the new wife of 1 year). Thanks for the PM's... am calling for a probate in Texas tomorrow. Katie - definitely check on the military pay stuff. Depending on the circumstances of the marriage and how your Dad set up his retirement pay, your mother *should* be getting it and not the new wife. It depends on how it was set up. My brother died while serving in the Navy. He had a new wife of a year and after his death she got all the military pay. His first wife and son got nothing Yes'm - that's why I mentioned the circumstances of the marriage and how his retirement was set up. She definitely needs to check with JAG about it - I know there was a recent law concerning divorces and military retirement pay, but I can't find it now.Mike I love you, Shannon and Jim. POPS 9708 , SCR 14706 Quote Share this post Link to post Share on other sites
brianemerson 0 #13 September 14, 2006 Depending on how everything is owned. You and your siblings are entitled to 1/2 of your Dad's property. The new wife gets the other 1/2 but can live in the house for life. If they were only married a year your Mom could probably get the entire retirement (I seem to remember a 10 year mark needing to be passed before the spouse gets the retirement pay) or she should get 1/2 and the new wife gets the other 1/2. But you should probably find an Estate & Probate atty to talk to. It will probably cost a couple grand to have them help but it could stop the new wife from having everything poof away. Quote Share this post Link to post Share on other sites
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