Dear Mr. Premack: My mother signed a living trust agreement about ten years ago. She also signed a durable power of attorney. I am the alternate Trustee and am agent under the power of attorney. Mom was hospitalized recently. She’s doing ok, but I told her I’d help with paying her bills. I took the power of attorney to the bank so I could get on her account and they said because the account is held in trust I can’t use the power of attorney for the account. That doesn’t make

Dear Mr. Premack: The deceased was a resident of South Dakota, and owned property in there and in Texas. The will was probated in South Dakota. Does the executrix have to file probate in Texas to cover the property in Texas? – JJPN Under Texas law, in this situation her South Dakota Will is referred to as a “foreign Will”. It can be admitted to probate in Texas by filing an authenticated copy of the South Dakota proceedings with the Texas probate court. When properly filed, i

Dear Mr. Premack: My mom is a Medicaid beneficiary at a nursing home in San Antonio. We were told by Medicaid that there would be an estate recovery claim after her death. My dad is living at home and is fully aware that the home is subject to an estate recovery claim when mom dies. I would like to prepare a form where when both of them die their home will automatically go to the State of Texas and record the form in the BCAD. Please explain the process so that I can get this