yes and if it’s a common question happy Friday Facebook and YouTube welcome to the slender live a brandy Ocelot I’m brandy Austin and I am with Heather Jameson it is August 17 2007 teen I know we’re halfway through August it’s almost our birthday yeah okay on today’s episode we are going to talk about independent administration with determining nation come airship vs. airship affidavit they are separate apart and different we’re going to talk about those today but first as usual we’re gonna cover a
few fun things for the day today is national nonprofit day reminds us to donate to the nonprofit sector looks like for example the recent u.s. recession in 2012 the nonprofit sector provided 5.4 percent of the nation’s GDP eight hundred eighty seven point three billion dollars continuously employing people so this is going to be so nonprofit ACLU is nonprofit there are several there’s like hospice or something there’s nonprofit so those people employ 5.4 percent of the nation’s money oh yeah a lot of the
hospitals that you hear the big names they’re technically nonprofits so yes yeah all right they’ve also had a national dress shopping so if you’re very great shopping bargain experience today is a day because each year on August 17th national thrift shop Day is observed across the United States and of course it’s cherien’s shops hospice retail so a resale shop so so different charitable organizations they do this to raise money to be you know whatever there’s also goodwill is not huge but
they are there and they have a lot of storefronts that you provide an employment for people that wouldn’t otherwise have it and then you provide clothes that at a discount rate and everybody’s like well what happens to all the clothes if I do make some of them do get shipped away because I always need everything here the other ones get sold in the shops all right oh I like this one tomorrow is world honeybee day save the bees please super important to preserve honey bees and make sure how else are we going to
pollinate all the things yes good quality so how can you know collecting spread local wildfire wildfire Wow flowers not the fire keep these wild flower seeds for honey pollination oh I wrote this it is a perfect so I learned that honey comes in different flavors based on location in region of the world so I would join a honey shop what’s that them all all over every Minnesota yes the big one I’m sure they have one you can taste the places so it comes super light or super dark depending on
there’s a significant difference in the taste so it’s important to I mean a lot of people say we absolutely it helps with allergies and Billy get all of those things when it does that however you can also get flavor like you can explore the flavors of the world so you cannot have another way instead of using sugar or slender something like that news honey it’s all natural exactly and it does fall between the week of August 13th through September 3rd and Arlington specifically happens
to have the Prime Steakhouse of the mercury Chop House one of our favorite restaurants DFW Restaurant Week is the single largest culinary event at DFW was a 21 year history ashoka and showcasing North Texas as a premier dining destination it provides diners an opportunity to enjoy a special lunch and dinner menus and so of course week one if they do as far as for chairman Issa so week 1 August 13 to 19 since so forth 22 through 26 and then August 27 through September 3rd so a portion of and each
of the proceeds go to Tupelo charities and the north check or Texas Food Bank and then we really does more than you think it is if you want to donate to a good nonprofit that’s one thing I put this well but it’s more familiar with yes okay so let’s jump right into its day and I’m gonna ask you questions and then we’ll just chat back and forth what is an independent administration okay let’s back yeah what’s probate primate probate is when someone passes away you have to there’s different types of
probate so purveyed is technically the legal term for asking the court to transfer title we will title from something personal or real property of a deceased person we call them receive it person to their heirs or managers correct so how do you get there well there are four or five six different ways to ask the court to go through this process in Tarrant County of Dallas County Harris County Travis County and Barrett County not Beck’s are there are probate special reports that means there are courts dedicated
specifically to the probate and guardianship cross-products estate things so you so here we follow an application in some manner yes so you can get a permit so if you have a will that means you broke out something you’re anything you doing handwritten well if you have a will then you take that you submit it to court and ask them to say that that’s the valid will and that your heirs or your beneficiaries completely listed them in answer yes give your property after you go so you can either do independent or do we are
talking about a first independent administration with determination and of heirship yes and just just a touch basis quickly on independent dependent the easiest way independent means that you’re requesting permission to act independently without the court’s permission the pendant you have to ask the court’s permission for everything so so much it used to be dependent and in some states it’s primarily dependent administration yes in Texas we have a fancy code with lots of faint to words
it’s a little more complicated than it needs to be I think but there it is and you can request that you that you’re the testator so the person who wrote a little says in the loop that you want the court to allow them to act independently and no bond which is like a bond being not send the same money somewhere it says you can do it I said that you you’re kind of like it’s like insurance yes you’re going to do with the accordance to the law or the will or they’ll take money
yes so so primarily in Texas if there is a will and everything goes what well is an independent administration meaning just a couple of documents or five yes very rarely as independent you have to ask for everything it’s thousands and thousands and thousands of dollars because every time you need something else and in order to the courthouse look at everything and say yes or no you comes back if you fight about it yes suing in an administration was a traditional airship okay so independent course for asking permission for
independent administration the determination of airship portion comes in when there’s there’s two types basically one is if you have a will and it’s either not self proved if it’s holographic if there’s no witnesses or if it’s not know Christ self proving so wills new yourself proving affidavit basically it’s just an affidavit in fact witness to sign everybody says that this is who was they are signing it they were of the right mind love about holographic is a handwritten will yes and almost
learn things it has to be notarized and you don’t have here we in a minute yes an administration aspect is basically summoners during this state and the determination of airship art it’s more so for people that do not have a little and they pass away being an intestate so intense that means you pass away you are using all these words and testing leads you pass away without a look so it sees person without a will and generally in our context we would only need it if there needs to be transfer of legal
title for a real a personal property from one person to another yes and so the determination of heirship part and with these states code the moment we have you it’s basically there’s an ED litem is it appointed with the courts and so when we follow as we are a request that an ad the court-appointed ad litem to determine who is the actual heirs bear seated heirs and this would be step traitors yes so the code says is simply where things go so if you’re a parent and your kids so you don’t have kids and you’re
not married then they go strawberries and then goes down with you twice yes a think of it like you are a family or your branch is assuming you have kids you’re now branch [Music] [Music] parents and you know yes and basically so what you know once that the errors have been determined you know then of course the division is what it is you know that some of the MIS concepts is that just because one if someone’s an executor or if you have all these different kids and they get a bigger portion you know it’s not from
Elvis to youngest the state’s code is very specific so if you have three kids it’s going to be split equally amongst all three so if you have a little but it’s not correct you still have and in this way people are you have to pay the attorney environment right so you have to request an attorney inviting a chairman who the heirs are and then in most counties that’s either full or to six hundred just off the top that’s it you know they have the filing fee and then the a lot of these so we’re already
at so it’s not cheap it’s thirty $1,000 $1,000 this at this point and that’s nine that’s court cost that’s not even related to tourneys then you have to do all the documents really it doesn’t take so long to draft all the documents but there is some sort of analysis that goes into a good Sherman what used to happen how it needs to happen what’s the best way and how can we streamline the processes when you do once you file that’s the process you’re requesting from the core and you
want to make sure that’s the right way to go yes and with that it’s I mean some of the biggest things and so that will touch bases on the affidavit of heirship what the difference is and people don’t understand that you know when you file a course if there’s well we have statutory deadlines and we have to be an airship is honestly one of the most longest and just from personal experience administration wise because a lot of people think okay well you’re the attorneys you’re supposed to move it
along do this do that but what usually once a mitem files their report and we locate all the heirs then yes it’s back in our hands and we can hit you know all the deadlines it’s just getting to that point people don’t understand and they also mix it up with an affidavit very sure about that after they give it an airship that is a form okay so statutory wise if you have a will you have to probate that will within four years you get in trouble if you don’t but there’s different some of
the agencies coming that actually limitation yes and heirs we come back against you just a whole bunch of different days but usually common factor is long passes people wait until dad pass and then they go to try to sell the house okay this happens I would say with fifty percent of people to come in here yes everybody has their will they’ve done it correctly but one of the parents pass away so usually the husband the husband usually passes away first this is not a non-state con man or anything
that’s not statistically and why I was after that is so you know if they don’t pass away within six months of each other then the wife will usually last a few more years she’ll grow and do things maybe move to Florida a retirement age and get a golf cart have bridge with her friends right or this dream before four years so if you do not take that will to the court and ask them to use it to transfer legal title when the cuts when the wife then passes away we’ve got property then you
have to go all the way back to the husband’s estate because that that estate has to be prorated within four years where it does not the will does not count exactly you can do stuff you can what are we doing for the husband not for the mall so there are two things you have to probate issues at that point you have two cases yes why don’t we the husband which goes first and that negative airship is what exactly it’s an actual affidavit it is a long long drawn-out thing it goes through one the marital history the
children that have been there and you have to have witnesses into a test as through the marital history of the children and it’s basically testimony that person sworn affidavit that the facts within it are truth it’s not an official legal document an affidavit and it’s filed with the courts but it’s a sworn testimony that that person not someone at court saying hey this is a certified copy saying hey this is unless they have to do an order and in report and with that it shows this is a certified copy this came from
this person it is a 100% legal to affidavits people do them and we have cases where they gently go in and say oh they didn’t have any children on one wheel in life once we get into administration of mom’s estate we realize hey he had children did this person live back in the day yes people weren’t open about certain things and so there would be illegitimate children people just switched around families you know who is your cousin may actually be your sibling no that stuff comes out we
are yes or trust just okay thank you the alcohol vapors America and it’s just a document that’s filed with the clerk’s office why do they accept that because basically for years you didn’t meet that limitation as far as to go in and prove that the you know assets are there so a lot of times with husband and wife Texas community property state so if there is a will even if it wasn’t probated within the four years or in the event that you know the division fifty-fifty you can’t
help that is so you have this community property so this affidavit for title purposes only shows that hey he was married so community property they were living together when she passed they’re actually married they have children Yaya they basically this affidavit shows that now the wife has a hundred percent of network property so we could have moved that a stake to the side and then that’s where the you know determination of heirs come in because now them all she didn’t happen it’s 50
percent of this estate she has a full hundred and so then you know st. children were able to kind of go back and divide it in accordance to these state code versus someone’s so if someone in your family has passed away within the past four years and you have not been through probate court and they’re I mean just six before within the past four years and there’s property somewhere so these are we talked a little bit about these big different than the will is it’s easier with a will
100% easier with the will and within the time period if I what we have one flat fee Wow flat fee for the main document they will tell you how to do the rest yourself right in Mecca we will give you instructions there’s one flat fee we can and we’ll avoid holding it always cost less if you are going to pay for it up here as the person who is going to die yes we want to pay the cost otherwise it can be paid out of your estate at the end of the day or by your beneficiaries which it’s so you can do it trusts you
can do a trust then there’s a there’s a fallback provision will in there yes it’s like a safeguard in case you don’t even do the right thing fixes it for you yes clearly very few ways to mess it up you get dressed and you follow the rules that you put it in place senior beneficiary’s ear Suzman in this nation of course there’s no witnesses there I mean oh no wait wait wait well yeah because within the entire nation of heirship that is one thing we did touch on on those you have to for
the court proceeding you have to get two disinterested witnesses to show that they a lot of us the people the witnesses so imagine finding is so imagine if your mom passes away and she’s been in a retirement community or a memory care place for two years you have to find two disinterested witnesses who do not inherit any property whatsoever that can testify about her life yes and again that’s marital history and again people don’t talk about that now or their children and it can only be
with especially with an airship you know when they come in there a lot of tries our best to locate these people but if you have all these different missing pieces sometimes you have to go in and get a genealogy report and that’s pros employer comes out and there are spec people that this is their main goes genealogy reports and then you know I learned a little bit about what they do it they use some of the same resources there’s a lot of information and they ancestry.com yes and they put documents
online for you to look through like different organizations have documents standing but you have it’s not clear those documents are clear and then there is the students aspire there’s like a whole bunch of stuff there’s it’s expensive and even just the birth records too because a lot of people that were born and we do connect a lot with the people we have to do is our job there’s one line he specifically she’s amazing at what she does and but anybody that was actually born between em before 1953
like the actual birth records and the hospital records going in and just the names and the children redacted it’s crazy like just to be able to locate but you have to do it because you have to find out who the heirs are so this property cannot transfer what does that actually mean you cannot sell out can you work but you have to care for that the taxes the upkeep that everything you have to one pay for caring for the house and cheer you don’t get anything for your efforts until when these process is
completed are complete so by having a completed there’s someone that’s passed away maybe just bring up how be probated delivery is because a lot of people and that’s another thing even if they have a will you know which I’m class because all I said I’d rather you be protected than not so and there is upfront cost and we have people all the time that say oh I’m gonna be gone it’s not my worry which yeah in essence it’s true but it falls on your family so you can pre-plan
into where it keeps out of the court it’s family business is family business it remains that way it’s not public but with the Wills you know which you do have that stepping stone but a lot of people think hey I have this will it since I’m the executor so I can do what I want you can’t have as an executor and so usually do and say oh I divided everything but that’s what the number one kicker is I try to sell the house and then won’t let me sell it well yes because you have to
be appointed to be able to do so so there are different things that yeah you know I am the executor I divided things okay so we would ever a lot of information if you have questions feel free to put them in the comments I was telling you to who’s always there if it’s a common question that maybe we create a nice little graphic for everybody so have a happy Friday thank you for joining us I’m brandy Austin Heather Jensen and we will see you next week figure out this
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