Nancy Hui

Nancy Hui

Focus in probate, estate planning and guardianship
  • Estate Planning, Probate, Elder Law
  • Texas
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Summary

An experienced attorney who takes pride in helping clients through a difficult time when they lost one of their loved ones by guiding them through the probate process. Nancy is also skilled in developing estate plans that meet you and your family's need to maximize asset protection and minimize tax liability. Nancy speaks fluent Chinese.

Practice Areas
  • Estate Planning
  • Probate
  • Elder Law
Additional Practice Area
  • Guardianship, estate/trust administration
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Flat fee; hourly fee
Jurisdictions Admitted to Practice
Texas
Languages
  • Chinese: Spoken, Written
Education
University of Houston Law Center
J.D. (2003) | Law
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Professional Associations
Brazoria County Bar Association
Current
Houston Bar Association
Current
Law Office of Nancy Hui
Attorney
- Current
Activities: Experienced in wills, probate, estate planning and guardianship proceedings
Publications
Articles & Publications
FDA's Proposed Rules on Patent Listing Requirements for New Drug and 30-month Stays on ANDA Approval
Annals of Health Law, Loyola University Chicago School of Law
Certifications
Certified Guardianship Ad Litem Attorney
Texas State Bar
Registered Patent Attorney
U.S. Patent and Trademark Office
Accredited Attorney
Department of Veterans Affairs
Websites & Blogs
Website
Law Office of Nancy Hui
Blog
Online seminars
Legal Answers
68 Questions Answered

Q. My cousin has $ 461.00 in Bank of America . She died in Indonesia..I am the executor and want to send this to Indonesia.
A: You said you are an executor so there has to be a will. Where this $461 goes will depend on what the will says. Not "you want to send this to Indonesia". The fact that she died im Indonesia also complicates the situation. there are other factors to consider if probate should be done in the U.S. or in Indonesia. Even if we assume that probate should be done in the U.s., you are correct that the cost of probate (even the simplified route such as small estate affidavit) still will cost more than $461 when adding legal fee together with filing fee. I would suggest that you check with BoA and see if by any chance there is a payable on death designation in her account. If you are lucky, she may have set up a P.O.D. Then you don't need probate to get access to the money.
Q. MY father passed away 7 yrs ago I did probate the will, my mother still lives but living in a nursing home. The house
A: therr are not enough details of your case for a full analysis. For example, what does the power of attorney cover. Is your mother mentally competent now. Who are the owners of the house. Who are the heirs of your mother. What other assets does your mother have. Is she getting any medicaid benefits. Depending on what the answers are to those questions, you may or may not have right to the house. There are also various ways to try and have the house pass down to you. You will need to discuss your case with an attorney.
Q. Mom dies with no will. What happens if no one probates?
A: I Supposed what you were asking is what will happen to her assets if her estate is not probated. If that is the case, it means that none of her assets can change hand. If she owns a house, the house will stay in the name of her estate. Same thing for money in her bank accounts, investment accounts etc. There is, however, an exception. If the assets are "non probate" assets, eg joint account with right of survivorship, or a IRA account with designated beneficary, then those assets can pass to the beneficiaries without the need for probate. As you can see, the end results can be quite different depending on the facts. To get your situation fully analyzed, you should consult an attorney.
Q. Will or trust
A: If there is a will and your father really left everything to his friend, then his friend will have to have the will probated in order to get the assets. All files in a probate case, including the will, become public records. You can then go to the court house to ask for a copy of the will. Note that the will must be probated within 4 years of your father's death. Otherwise, your father's assets will be distributed as if there is no will. In that case, his children will inherit his assets (since he was not married at time of his death). The friend will likely not get anything. For that reason, if there is really a will, the friend will have an incentive to probate it ASAP in order to secure his interests. If you are concerned about your right, which you rightfully should, you should contact a probate attorney to discuss your option.
Q. Texas. My sister and I are both listed as beneficiaries on the will. However, on my mother's Merill Lynch account, onl
A: Yes, the funds in the merrill lynch account will go to your sister solely. It does not matter that the will says. This is because accounts like that are considered non probate assets, meaning that they are not governed by the will.
Q. my grandmother passed away in the early 90"s.There is no will. what happens to her property?
A: If there is no will, then her assets will pass down to her heirs according to the intestacy laws in Texas. That means the law will determine who are the heirs to her properties. Based on what you described, the nieces and nephews, together with your mother, will have a share to the house. They may not be equal shares depending on how many people we are talking about and what their relationships are. It is too complicated to explain over an Internet forum like this. You should contact a probate attorney in your area to help you with your case as this is not a DIY project.
Q. I received a citation to give my brother a application for letters of administration. What do I need to give him?
A: Nothing, unless you want to object. It is just a notice to you that he is applying as an administration of the estate.
Q. My husband died and did not leave a will. Question is we was married for 5 years. He had a mortgage before we were
A: Based on what you described, the house is a separate property since it was bought before marriage. The fact that community fund was used to pay off the mortgage does not give rise to converting it into community property. However, you, as a surviving spouse, may have a claim to his estate for your share of the community fund that was used to pay off the mortgage.
Q. If property (house) is willed to my Mother, will it still be subject to probate court.
A: A simple answer is yes because before anything can be passed down according to the instructions in the will, the will has to be admitted by the probate court judge. Meaning that the judge has to say that yes, this will is valid. That's why before any one can follow the instructions in the will, it has to go though probate.
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Contact & Map
Law Office of Nancy Hui, LLC
11200 Broadway Street
Suite 2743
Pearland, TX 77584
USA
Telephone: (281) 826-2635
Fax: (281) 489-2638
North Houston Office (By appointment only)
24624 Interstate 45 North
Suite 200
Spring, TX 77386
USA
Telephone: (281) 826-2635
Fax: (281) 489-2638