Q: What is the best thing to do when you're feeling left out and taken advantage of. Probate case in Texas
My half brother and and my late father's best friend, who was also named the executor of the will, have not kept me in the loop at all on what's going on with the Probate case, or other assets I was left half of in the will. I'm a non confrontational person, I've reached out, but just get a "hopefully soon" response. I don't have the Probate lawyer information or anything. My brother and I were to split my father's bank account and airplane parts. The case has been going on for 5 months and my son and I could really use the money my dad left for me. What can I do if I feel my half brother and my dad's best friend, also executor, is keeping me in the dark. Please help. I get anxiety every time I think about this situation
A: If the case has been filed for probate, you can find the documents online among the Dallas County Probate Court records. Even after all the proper documents have been filed and all the beneficiaries notified, it can take a few weeks to get a hearing. After the hearing a Notice to [Unsecured] Creditors must be published in the newspaper. Those creditors are given four months from the date of publication to submit a claim. Executors are generally advised not to distribute anything until after those four months have passed: they are personally liable if the estate owes money and, having distributed it, they cannot get it back from the beneficiaries. Five months is too soon to expect to receive an inheritance. While probate can be much faster in Texas, nationwide it can take two years to settle an estate.
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A: To avoid the anxiety you are experiencing, and to know that your interests are protected, you can hire an attorney to enter an appearance on your behalf. He or she would then be notified by the executor's attorney every time something is filed in the case. If it is an independent administration there may not be much filed in the case, but the executor's attorney is more likely to keep your attorney in the loop, and he or she can take action to protect your interests in property, demand accountings, and so forth if needs be. If there are no problems, your attorney's fee should not be terribly expensive.
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