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Laws In Texas On Probate Hearing Of Will?
As An Heir Does The Executor Of A Will Have To Contact Me Of The Probate Hearing?
My Brother Says He Does Not Its Just A Courtsey. I Dont Agree. They Did The Same Thing To Me When My Dad Passed. When My Dad Died He Left Me Co Executor After My Mom, My Sibling Did Not Tell Me Till I Found Out My Self 2 Years Later I Was Not Advised Even Of Probate Hearing.
Probate Procedure and Probate Process:
Typically, the executor or administrator files the probate application with the help of their probate attorney and Will if applicable. Then there is a posting period for a Will or administration for at least ten days before executor or administrator can probate the Will and/or have an estate administration if an intestate heirship (an estate administration without a will).
At the probate hearing, the executor or administrator proves the validity of the Will and seeks to be appointed executor or administrator with aid of their attorney. After the probate hearing, the executor or administrator will receive “letters of testamentary” or “letters of administration” from the probate court. Thereafter, if there is an independent administration granted by probate court the executor or administrator collects estate assets. The probate court will expect the administrator or executor to do an estate inventory and file a notice to creditors for the estate with aid of their attorney.
There is also a requirement of notice to heirs from the executor or administrator. For independent administrations this completes most of functions of administrator or executor. As your attorney, I will be involved in each step of the probate process. Will probates can be completed within several weeks. Estate administrations that are intestate (no Will) can take a month or more depending on the probate court.
SOME STEPS IN PROBATE IN TEXAS
1) Find the original will. The executor named in the will (or other interested party) contacts a lawyer and a contract of employment is signed.
2) The lawyer files the original will with an Application for Probate of Will and Issuance of Letters Testamentary.
3) The County Clerk issues citation and they post notice at the courthouse that an Application for Probate of Will has been filed (SeeProbate Code Section 33(f)(2)).
4) After notice has been posted for the requisite time (click here for details), the lawyer calls the court to which the case has been assigned and gets a hearing date.
5) The lawyer and the named executor attend the court hearing where the facts of death are proved up. If the will was self-proven, only the executor needs to give testimony. If the will was not self-proven, a witness to the will must also testify at the hearing that the will was executed as required by law. A written version of the oral testimony is prepared before the hearing, and that written version is signed by the witness(es) in the presence of court personnel immediately after the oral testimony.
6) When the judge approves the Application for Probate of Will, the executor and the lawyer go to the County Clerk's office where the executor takes the Oath of Executor.
7) While at the County Clerk's office, Letters Testamentary are then ordered from the County Clerk's office. They usually mail them to the lawyer's office within the week. Letters Testamentary are official documents issued by the court authorizing the executor to act for the estate. They are the proof to others that the executor has been qualified by the court.
8) A Notice to Creditors is prepared by the lawyer and sent to a newspaper for publication within one month after receiving Letters Testamentary (Probate Code Section 294).
9) Within two months after receiving Letters Testamentary, the executor shall give notice of issuance of such Letters to those having claims against the estate that are secured by real or personal property of the estate (See Section 295).
10) The newspaper prints the notice and sends a copy of the notice, along with a Publisher's Affidavit about when the notice ran, to the lawyer. The lawyer then files the Affidavit and notice with the court.
11) The lawyer gets a copy of the signed court order admitting the will to probate and, not later than sixty days after the will is admitted to probate, the personl representative sends a certified letter out to each beneficiary named in the will with a copy of the court order and a copy of the will admitted to probate (See Section 128A).
12) Not later than the 90th day after the date of the order admitting will to probate, the personal representative must file with the court a sworn affidavit stating that the notice to beneficiaries has been notified.
13) The executor, with assistance from the lawyer, prepares an Inventory, Appraisement and List of Claims that shows the assets of and claims against the estate as of the date of death. The inventory is filed with the court within 90 days after the executor is qualified by the court (See Section 250).
12) A final federal income tax return for the year the deceased died is due by April 15 of the following year.
13) Federal estate taxes may be due for larger estates.
14) If any creditors make a claim on the estate, the executor must, within 30 days, either accept or reject the claim or any part of it (See Section 309).
Need A Free Lawyer Fast!!?
I Am Fighting For Custody Of My Three Children. I Am Having To Work In Two Different Courts Because There Are Two Fathers Involved. I Am Currently Getting Screwed By The System. I Need A Lawyer Bad!! Legal Aid Here Is Not Taking Any New Cases. The Lawyers Here Aren'T Taking Pro Bono Cases Unless Legal Aid Assigns Them.
I Am Now Having To Fight Just To See My Kids And No One Will Tell Me Why!
Does Anyone Know Where I Can Find A Lawyer Who Will Represent Me For Free And Can Help Me Get My Kids Back?
You don't know why you don't have custody or visitation rights with your children? OK, well, all you can do is get out the phone book and call every lawyer in it. Tell them your story and be honest, tell them what you income is, and ask them if they will help you. You can contact your state's bar associations they may be able to better help you.
If you don't have a job, get one, maybe even get two. You get what you pay for and that stands for attorneys too. What ever do, DO NOT RELY ON OTHERS TO GET YOU WHAT YOU NEED. You will have to do the work yourself.
I don't know your situation and I don't mean to offend but, if you can't see your kids, there is a reason. If you don't know what that reason is, look at yourself and your life. It is kind of difficult for a mother to lose custody of her children unless she's a real **** up. Maybe a lifestyle change is what you need. Good luck to you.
Personal Injury / Medical Malpractice Areas Of The Law?
Are Personal Injury / Medical Malpractice Areas Of The Law (Plaintiffs Side Only) Intellectually And Financially Rewarding Practice Areas? I Am Looking For Input And Opinion From Active Attorneys Working On Contingent Fee Basis. I Am Considering Law School (At 35 Years Old) And My Interest Is In Litigation. I Am Trying To Obtain Information On Practice Areas That Have Always Intrigued Me Are Of Interest. Look Forward To Hearing Back From Any Practicing Attorneys With Their View From The Battlefield.
Of course they are but you better get some medical background too if you want to be good at it. (the medical malpractice part anyway)
Medical malpractice is a highly specialized area to focus in. Personal injury, in general, is not as specialized. PI cases can range from dog bite cases that pay beans to fatal car accident cases that can bring in a lot of money.
Here's an attorney website for an example of medical malpractice: http://www.drslawfirm.com/medicalmalprac...
Child Custody Ca-Lawyers Urged To Answer!!?
I'Ll Make This Short As Possible. I Had A Baby, 6 Yrs Old Now. The Father Took Off After A Week Baby Was Born. Moved Back When He Was 3 Yrs Old. In And Out Of His Life. We Have Had An On Off Relationship For Years. I Filed For Child Support In 2008. Got A Grip! He Complained, Guilted Me. I Lowered It $500 A Month Plus Got Rid Of All The Back Pay He Would Owe Me. Right After He Bought A New Car, He Lives In A House. Im Holding My Own, Got A Nice Lil Apt For Me And My Son, Good Hours M-F Wknds Off But Recently Got My Hours Knocked To Pt, Struggling A Bit Now. Asked Him For Some Help, He Blew Up At Me Saying Im A Loser Blah Blah And Since I Asked For Help, He Told Me He'D File For Half. Its All So He Doesnt Have To Pay Out As Much. Now I Just Got Served With Custody Papers. He Did File For Half And Asked To Reduce Child Support.
Whats My Case Look Like? In My Favor? I Do Everything To Help Him But When It Comes To Return The Favor He Doesnt For Me. He Tells Me To Move Back Home With Mom. Im 30 Yrs Old! I Mean I Would If I Had To And Lucky I Have A Place If I Needed To But I Cant Have My Son Give Up Everything And Lose His Privacy He Has Now. His Father Just Doesnt Care As Long As He Doesnt Have To Pay. Hes A Pharmacist By The Way..
Chances he can get any custody after six years: highly unlikely. First thing the judge will say is, "Where the heck you been for six years?!"
He can probably get a visitation order, which you should do your best to support, for the sake of your child.
Child support amounts are set as percentages by statute. A modification can be requested, but support orders can only be changed if there has been a substantial change in circumstances: an increase or decrease in either parent’s earnings, a change in custody, or a change in the amount of time the child spends with each parent.
Unless his income has been more drastically reduced than yours, it's actually more likely his support payments will increase.
Barring anything else, sounds like all you have to do is show up with your income info, and be just as gracious as you can pull off at this point. ;)
Advice For Me?
Where Can I Seek Legal Advice About Custody?
Need to call a lawyer in your area. Only they can answer that for you, the law varies state ot state
A Question For Lawyers??
When I Catch A Drunk Driver, Time And Time Again The Offender Tells Me That Their Lawyer Advised Them Not To Do Any Field Sobriety Test, Do Not Give A Sample Of Their Breath Or Blood, And Invoke Your Rights And Remain Silent.
Now I Know That The Lawyers Are Suppose To Be On The Clients Side And Not The Officers Side When It Comes Down To Trial, But Would It Not Be Better For Everyone, Client, Officer, Public, If The Lawyer Told The Client &Quot;Don'T Drink & Drive?&Quot;
That is a darned good question. I am not an attorney, but I do know that my lieutenant at one point asked me if we should arrest an attorney who advised their client to take no tests for "obstruct official duty."
I knew we'd never get away with it because after all, the black robed guy on the bench is probably a fraternity brother for the lawyer, but it was a tempting idea.
So, no they won't say "don't drink and drive" because it's BAD FOR BUSINESS!