Irving, TX asked in Probate for Texas

Q: My mother passed away last month. I was her P.O.A., her guardian, etc. She was a ward of the court because my brother

went behind my back and got her P.O.A. from me. He took her to her bank and got a good deal of her savings (She had dementia.) She was in a nursing home and they reported him to the court. The judge sold her house for 88,ooo and 4 lawyers took 58,000. The rest of the money is in the Registry of the Court. How do I get it? I live in Dallas County but the money is in Tarrant County (Ft. Worth. The court won't give me any lawyer's names to call and evidently not all lawyers do this. Thanks for any info.

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

A: The Tarrant County Court should have at least a list of all the filed documents online. Whether you are entitled to some or all of the money in the court registry is another question.

Ross F. Tew
Ross F. Tew
Answered
  • Probate Lawyer
  • Arlington, TX
  • Licensed in Texas

A: Did your mother leave a Will? If so, the Executor named in the Will can offer the Will up for probate and then motion the Court to release the funds held in the registry. If your mother didn't leave a Will you can apply to be named Administrator of her estate, at which point you can motion the Court to release the funds held in the registry. If there is no Will, then the Court will need to determine who your mom's heirs are.

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