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katiebear21

Lawyer in Dallas/Texas

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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
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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.

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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[:/].
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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."

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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 - 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
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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 - 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[:/]
May your trails be crooked, winding, lonesome, dangerous, leading to the most amazing view. May your mountains rise into and above the clouds. - Edward Abbey

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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 - 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

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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.

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