Austin, TX asked in Probate for Texas

Q: my brother and ex wife hired a probate attorney concerning my fathers estate. this brother is executor.

does the attorney send assets to the executor to distribute. I have received documentation stating I am entitled to 50% of the assets.

Related Topics:
2 Lawyer Answers
Ross F. Tew
Ross F. Tew
Answered
  • Probate Lawyer
  • Arlington, TX
  • Licensed in Texas

A: The attorney represents your brother in his capacity as the executor of the estate. The attorney does not (or should not) represent your brother in his individual capacity as a beneficiary, and the attorney is not the personal representative of the estate.

As the Executor, your brother is the personal representative of the Estate, and he is responsible for:

1) gathering all assets belonging to the estate;

2) pursuing all claims owed to the estate;

3) settling all creditor claims owed by the estate;

4) notifying all beneficiaries of the estate;

5) producing and filing an inventory of all estate assets with the Probate Court;

and everything else is addressed

6) distributing all assets of the estate when no further administration is necessary.

The attorney may or may not take possession of certain assets, but it is ultimately the personal representative's responsibility to take possession of assets and make distributions to the estate beneficiaries.

You should sit down with an attorney to review whatever correspondence, inventory, or accounting your brother provides you. He or she will be able to advise you whether everything was handled above board. Many probate attorneys are reluctant to communicate directly with estate beneficiaries, and will only communicate directly with a beneficiary's attorney. Attorneys cannot give legal advice to other parties in a case. As such, you will have more luck dealing with your brother's attorney if you have your own. As long as everything is uncontested and does not require litigation, you should be able to find an attorney who can review documents and do his or her due diligence for a fee you're comfortable with.

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: The executor distributes the assets -- after being appointed by the court, publishing a Notice to [Unsecured] Creditors, waiting four months for them to submit claims and paying all the bills. You should not expect to receive anything for four months, longer if there is property to be sold.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.