Independent Executrix Inventory Dispute

Summary

If an independent executrix in Texas falsely claims to be the sole beneficiary and omits assets, you can file a formal objection. Draft the objection clearly, gather supporting evidence, and submit it to the probate court. Ensure both the executrix and her attorney are served. The process involves addressing missing assets and fraudulent statements, and you may request the removal of the executrix for breach of fiduciary duty.

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The independent executrix filed that she was the sole beneficiary so the inventory with a sworn statement would be approved automatically. She is not

Hi ****! To provide more accurate information, could you please let me know which state you are in? This will help to determine the specific laws and procedures that apply to your situation.

Grayson County Texas

****, in Texas, if you believe the independent executrix has filed a false inventory claiming to be the sole beneficiary, you might consider the following steps:
- File a formal objection with the probate court.
- Request a hearing to present your evidence.
- Seek to have the executrix removed if there’s a breach of fiduciary duty.
Is there any additional detail you’d like to share or any specific question you have about this process?

If my father filed a POA to list Attorney in facts in case he became incapacitated shows a lot of different assets

****, if your father filed a Power of Attorney (POA) listing an Attorney-in-Fact and detailing various assets, and you believe there are discrepancies in the inventory filed by the independent executrix, you may need to take action:
- File a formal objection with the probate court.
- Request a hearing to present evidence.
- Consider seeking removal of the executrix for breach of fiduciary duty.
Is there any particular aspect of the POA or the assets listed that you need more information about, or any other specific question you have?

Are these assets considered personal property

In Texas, personal property typically includes assets like cash, stocks, bonds, vehicles, furniture, and jewelry. If the assets listed in the Power of Attorney (POA) fall into these categories, they are likely considered personal property.
Do you need more specific information on any of these assets or the process of filing a formal objection?

She did not list any personal property or much community property

In Texas, if the independent executrix has failed to list personal and community property accurately, it is crucial to take appropriate steps to ensure the estate is properly managed.
Consider the following actions:
- File a formal objection with the probate court regarding the inventory.
- Request a hearing to present evidence of the assets.
- Seek removal of the executrix for breach of fiduciary duty if necessary.
Would you like more detailed guidance on filing an objection or understanding the hearing process?

But would the sole beneficiary she filed with the Affidavit of Compliance for section *.*-*.* be a big part of complaint

In Texas, if the independent executrix falsely claimed to be the sole beneficiary in the Affidavit of Compliance:
- This can be a significant part of your complaint.
- It may be considered misleading the court.
- It could indicate a breach of fiduciary duty.
Would you like guidance on how to file a formal objection with the probate court?

Yes

To file a formal objection with the probate court in Texas, you can follow these steps:
- Draft the Objection: Clearly state the grounds of your objection, including the false claim of being the sole beneficiary and any discrepancies in the inventory.
- Gather Evidence: Collect all relevant documents, such as the Power of Attorney and any evidence of the assets not listed.
- File with Probate Court: Submit your objection to the probate court handling the estate.
Would you like more details on drafting the objection or the court procedures?

Yes

To draft a formal objection in Texas probate court, consider these steps:
- Draft the Objection: Clearly outline your concerns, specifically the false claim of sole beneficiary status and inventory discrepancies.
- Gather Evidence: Collect relevant documents such as the Power of Attorney and evidence of unlisted assets.
- File with Probate Court: Submit your objection to the probate court managing the estate.
Would you like detailed guidance on drafting the objection or understanding the court procedures?

I know she has to be cited and served do I need to serve her Attorney as well

In Texas, when you file a formal objection with the probate court, you generally need to serve the independent executrix with the citation and the objection. It's also a good practice to serve her attorney to ensure they are aware of the objection.
Would you like more specifics on how to serve these documents?

I have the court have the sheriff's department do it

Great, it sounds like you're on the right track. If the court has the sheriff's department handle the service, you should ensure the following:
- Confirm the sheriff's department has the correct documents and information.
- Verify that both the independent executrix and her attorney are served.
Do you need more details on what to include in the documents or any specific legal procedures?

I already have a correction to inventory cited and served but this is objection to Inventory which is different

****, if you've already handled the correction to the inventory, filing an objection to the inventory involves different steps. Here’s what you need to know:
- Draft the Objection: Clearly outline the false claims and missing assets.
- Gather Evidence: Include all relevant documents.
- File with the Probate Court: Submit your formal objection.
Do you need help with any specific part of this process?

It is different because it is missing assets and fraudulent statements but the process is the same?

****, yes, the process is similar but focuses on different concerns. The objection to the inventory will address missing assets and fraudulent statements.
- Draft the Objection: Clearly state the issues of missing assets and fraudulent statements.
- Gather Evidence: Collect all supporting documents.
- File with Probate Court: Submit the formal objection.
Any specific question about drafting this objection?

A template

****, here's a simple template to help you draft your formal objection to the inventory in Texas probate court:
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Formal Objection to Inventory
Probate Court of [Grayson County, Texas]
Estate of [Deceased's Name], Deceased
Case No: [Case Number]
Objection to Inventory
I, [Your Name], an interested party in the estate of the above-named deceased, hereby file this formal objection to the inventory filed by the independent executrix, [Executrix's Name], on the following grounds:
*. False Claim of Sole Beneficiary:
- The executrix falsely claimed to be the sole beneficiary in the Affidavit of Compliance.
- This claim misleads the court and other interested parties.
*. Missing Assets:
- The inventory filed fails to list several significant assets, including but not limited to [list specific assets].
- These assets were detailed in the Power of Attorney filed by the deceased.
*. Fraudulent Statements:
- The inventory contains fraudulent statements regarding the ownership and existence of certain assets.
- This constitutes a breach of fiduciary duty.
Supporting Documents:
-- Power of Attorney detailing the unlisted assets.
- Evidence of the assets not included in the inventory.
- Affidavit of Compliance filed by the executrix.
Request for Relief:
- I request the probate court to reject the filed inventory.
- Schedule a hearing to present evidence of the discrepancies.
- Consider removing the executrix for breach of fiduciary duty.
Date: [Date]
Signature: [Your Signature]
Printed Name: [Your Name]
Address: [Your Address]
Phone: [Your Phone Number]
Email: [Your Email Address]
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Would you like more details on any specific part of this process?

Independent Executrix Inventory Dispute

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