We already submitted Proof of Heirship but because of the amount TRS says they need a Judgment Declaring Heirship. Texas Government Code which TRS refers to in their letter does not indicate anything regarding a “Judgment”. What can I do?
Hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration. After the hearing, the judge will sign a Judgment Declaring Heirship.
Yes, under Texas Law, the executor must show the beneficiaries must receive a notice after the probate hearing. That notice usually contains a copy of the Will. ALSO, once the will is filed for probate, it's actually public record.
A probate attorney can help you with this. To find one near you, click on Find a Lawyer above.
For life insurance. The benefices her son that has been in prison and will never get out who gets it?
Being in prison does not negate his being beneficiary of the life insurance -- though it may mean that the state will eventually receive the funds to pay for his room and board.
the power of attorney isn't related to my dad. Me and my sisters just want maybe one of his t-shirts or something.
The power of the attorney expired with your father. The agent under the Durable Power of Attorney no longer has a whisker of authority.
That said, until a court appoints an executor or, if there was no Will, an administrator to settle your father's estate, neither does anyone else.
If the executor was listed as "joint tenant with right of survivorship," then he/she may be able to legally withdraw those funds and not owe any accounting for the funds. If not, then the executor may have lacked legal authority to withdraw the funds. A good place to start is to find... Read more »
It is not wise to do so. If the executor pays out funds which are later needed to pay debts, including taxes, the executor must then claw it back even if this involves a lawsuit. Please keep in mind that on average it takes two years to settle an estate. That means that half take longer.
While a beneficiary can ask nicely, whatever is presented will necessarily be incomplete and could be very misleading. One should not be surprised to see claims come in a year after the executor was appointed by a court. Similarly the executor cannot file a tax return until the calendar year... Read more »
It is not up to a beneficiary or any other individual. The court does this as a matter of course, in due course.
Anyone can file a claim against the estate. However, in Texas that claim must include the original invoice or a verified copy of it and a notarized affidavit stating that all offsets have been taken. "He said, she said" rarely gets one very far in court.
No. The beneficiary had neither authority nor responsibility to make the repairs. If the beneficiary did so without a valid written contract with the executor (who is to preserve, not enhance, the estate), the beneficiary made a gift.
A "muniment of title" is a defense of title. A Will which was not presented for probate within four years following death, through no fault of the person presenting it (e.g., it was just found), can be probated but only as a muniment of title. That means that a court order admitting the... Read more »
In due time the Court will issue an Order to Show Cause to the executor and the executor's attorney.
Yes. This is due within 90 days following appointment. Please note that it is an inventory of what the estate owns. It does not address what the estate might owe. It does not address out-of-state real property or anything which may pass to a designated beneficiary (such as a bank account held... Read more »
Looking to get clarification on how executor has spent bank account funds of decedent since her death and if all known debts were actually paid.
In Texas beneficiaries are entitled to ask the executor for an accounting 15 months after the court appoints the executor. The executor has 60 days to present it.
Texas has had independent estate administrations since 1843. In an independent administration, no final accounting need be... Read more »
Are those agencies reputable? I'm her only surviving family member, both our parents are deceased. I find nothing noted in our County's surplus listings, nor state listings. How can I verify if there is actual funds? And, do I need to go through the agency who contacted me, or an attorney?
This is most likely a scam. If there were surplus funds from any source (even a utility deposit) they would, in good time, be deposited with the state comptroller. They could not be accessed until then.
A woman died, leaving 2 children from past husbands. The location of one of them is known but not the other. Both are adults. She was married to her fifth husband when she died. Her name and his (#5) are on the deed to the house. I believe that Husband gets his half of the house (community... Read more »
Assuming that the house was the community property of Husband and Wife, then Husband retains his 1/2 undivided interest in the house. The Wife's 2 adult children inherit the Wife's undivided 1/2 interest in the house.
If you file an application to determine heirship, since the... Read more »
Father died 7 yrs ago, only found out about it 2 yrs ago due to the back executor trying to filing the will with the county. I was left 10% of the assets, but since the will was never properly probated, am I entitled to an equal share (25%) since there are 4 heirs?
No. After four years, a Will is not void. But it can only be used to pass title (to a house or a car for example).
Of the assets to be equally divided, a bank account she has check writing on and a brokerage account she is the sole beneficiary. She was aware they were to be distributed equally. She is the executrix and 8 months later I've not received my half. I'm aware in most cases the... Read more »
Beneficiary designations trump Wills. Financial assets with a beneficiary designation pass outside probate. There is therefore no point in contesting a Will because you disagree with a beneficiary designation.
There is a house involved, 3 kids want to keep it and the 4th one wants to sell it, is there a way around it without buying the 4th kid out? Maybe a deed of variation???
There is no way around it without buying the 4th out if he wants to be bought out: that would be theft. But he can make a deed gifting his interest to the other three if he wants.
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