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MotoMo165
11/8/2018 4:35pm
11/8/2018 4:35pm
I need some advice. My father who just recently passed was in the middle of a lawsuit (he had it pushed back a few times, but now is deceased).
He was fighting it, had a lawyer, but now is gone. If he would have lost the law suit he would obviously owe an amount of money.
So my main concern is, theres this property that my aunts/uncles, and now my mom, will be recieving money from once sold. Will this money go directly to this law suit that was against my dad or is there a way around this or how exactly is this gonna work?He also had 2 cars in his name, will these cars now be in jeopardy?
Sorry for all the random questions.
Interesting tidbit, my first post was an inquire about Houston SX in 14 while my dad received treatment at MD Anderson, and none other than Jeff Alessi offered me a day tour around the rig and qualifying. Sadly couldn’t make it, but the alessi are good people.
He was fighting it, had a lawyer, but now is gone. If he would have lost the law suit he would obviously owe an amount of money.
So my main concern is, theres this property that my aunts/uncles, and now my mom, will be recieving money from once sold. Will this money go directly to this law suit that was against my dad or is there a way around this or how exactly is this gonna work?He also had 2 cars in his name, will these cars now be in jeopardy?
Sorry for all the random questions.
Interesting tidbit, my first post was an inquire about Houston SX in 14 while my dad received treatment at MD Anderson, and none other than Jeff Alessi offered me a day tour around the rig and qualifying. Sadly couldn’t make it, but the alessi are good people.
I spent a bit of time at the attorneys office that put together the trust for my parents.
I think the answer to your question is, it probably depends on dozens of things and an estate attorney would be who you need to talk with I would think.
The Shop
Think you will need to bite a bullet & get a consult - sounds like damage potential, on the face of it. Maybe big damage - all depending on personal stuff we would have no business knowing anything about.
Could be a real can-o-worms in the works here based on what is posted.
You may want to look into the Texas Uniform Fraudulent Transfers Act before you start transferring assets. I'm not saying people don't do it, but there is a right way and a wrong way to avoid liability.
Without knowing many details, the estate will most likely have to open a probate and have an executor/administrator appointed. Did your Father have a Will? The Plaintiff in the lawsuit will file a claim against the estate in the probate court, and the case will likely be transferred. In these situations the probate court can be a more favorable venue for the estate.
Where are you in Texas?
Well the good news is, the amount this lady is sueing for isn’t a terrible amount, just shy of 10k I believe. Also, my dads good friend (lawyer) was helping him push back dates and getting all the papers in order, so no owed lawyer fee atm. I’ll know more soon.
Thank you for the condolences.
SEE ARE125 that sounds like a possible route we might take, and pretty clever.. But will definitely look into the legal/interpretation side of things before attempting that. I can get a lawyer to push back dates if it means saving money in the long run.
I’ll find out the court date come Tuesday, but if I remember correctly I think the next court date isn’t until after Christmas..
Borg, that is good to know, I was honestly thinking how fucked that would be if that was the case, glad it’s not. I will find out Tuesday or possibly Monday about the will/trust. I believe the land was left by my grandparents to my father/uncle/aunts in their will (so not exactly sure).
And actually the plaintiff no showed the first court date while my dad did show. She doesn’t have a very strong case either...... but still. She’s a crazy old mexican lady lol the worst to deal with.
GrapeApe, thank you. I will certainly look into that. Ohh alrIght, ya i know what you mean. Damn. Well he he passed 4 days ago, you think the courts will know in the next week or so?
And My dad actually got and signed a vehicle Affidavit of Moto Vehicle Gift Transfer, signed and notarized back in September. You think it’s safe if I go ahead and finish the process putting it in my name? Fuck I should have done this before he passed. (Just found out about this last Thursday tho so can’t be too upset about it.)
No, I don’t think he did have a will, unfortunately
(?), but could be wrong. We lost most our shit 7 years ago, when the market crashed. But I’ll know more Tuesday.
I live in SA.
Your last sentence, “in these situations the probate court can be a more favorable venue for the estate.”, meaning she could win bigger now that there is not real defendant, assuming she continues with the suit?
I have a habit of assuming the contrary of my interpretation.. if that makes sense. I was gonna google the words but was honestly too lazy.
Thank you guys for your input.
My condolences to you and your family. I hope this ends well for everyone whatever happens.
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