Texas Estate Legal Fees

Summary

A successor independent executor in Texas can request an advance on estate funds for legal fees by filing a motion in probate court. Cite Texas Estates Code Section 352.052 to support the request. Include evidence of the necessity to defend the estate and personal financial inability to cover legal costs. You can also request court intervention for proper estate management. Consider consulting a local attorney for personalized guidance.

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Texas. What is the section code for a successor independent executor requesting legal fees to obtain an Attorney to defend the estate against the independent executrix

In Texas, the relevant statute for a successor independent executor requesting legal fees to defend the estate is found in the Texas Estates Code. Specifically:
- Section *.*: Reimbursement for Legal Expenses
Would you like more detailed information on this statute or guidance on the next steps?

I need the legal fees prior to obtaining a Attorney

In Texas, legal fees for obtaining an attorney can vary widely based on the complexity of the case and the attorney's experience. Generally, attorneys may charge:
- Hourly rates: $* to $* per hour.
- Retainer fees: $*,* to $*,* (an upfront cost).
Would you need help finding an attorney or understanding more about these fees?

But as the successor independent executor I'm required by law to defend the estate, but I do not have the money to do it

If you are required by law to defend the estate but lack the funds to do so, you might be able to request an advance on the estate's funds to cover legal fees. You could also consider seeking a court order for the estate to cover these costs.
Would you like guidance on how to request an advance from the estate or court?

Yes

You can request an advance from the estate's funds to cover legal fees or seek a court order for the estate to pay for these costs.
To proceed:
- File a motion in probate court to request an advance on the estate funds for legal expenses.
- Present evidence showing the necessity of defending the estate.
Would you like more detailed steps on how to file this motion?

Can I file it in my complaint for objection to Inventory

Yes, you can include a request for an advance on the estate's funds for legal fees in your complaint for objection to the inventory. Here's a concise guide:
- File a motion in probate court.
- Include your objection to the inventory.
- Request an advance on estate funds for legal expenses.
- Provide evidence of necessity.
Would you like more detailed steps on filing the motion?

Yes

To file a motion in probate court for an advance on estate funds for legal expenses, follow these steps:
*. Draft Your Motion:
- Title: "Motion for Advance on Estate Funds for Legal Expenses."
- Include: Your role, the necessity of funds, and your objection to the inventory.
*. Attach Evidence:
- Documentation showing the need to defend the estate.
- Your financial inability to cover legal fees personally.
*. File the Motion:
- Submit it to the probate court handling the estate.
*. Serve Interested Parties:
- Notify all interested parties (beneficiaries, other executors).
Would you like assistance with drafting your motion?

Do I need to cite a section code

In your motion, you should consider citing the relevant section code to strengthen your request. Specifically, you can reference:
- Texas Estates Code Section *.*: Reimbursement for Legal Expenses.
Would you like more detailed guidance on drafting this motion with the proper citations?

Is that the same as in the Texas Trust Code

No, the Texas Trust Code and the Texas Estates Code are separate, though they may have overlapping provisions. For your situation involving a request for legal fees as a successor independent executor, you should rely on the Texas Estates Code, specifically Section *.*.
Do you need more details on the Texas Trust Code for a different aspect of your case?

But it's not a reimbursement it's before hand

It sounds like you need to request an advance on legal fees rather than a reimbursement.
In Texas, as a successor independent executor, you can file a motion in probate court to request an advance on estate funds for legal fees. You should still reference Texas Estates Code Section *.* to support your request.
Would you need assistance with the specific wording for your motion?

Yes

Drafting the Motion
To help you with the specific wording for your motion, here's a template:
---
Title: Motion for Advance on Estate Funds for Legal Expenses
Introduction:
- Name: [Your Name]
- Role: Successor Independent Executor of the Estate of [Deceased’s Name]
Body:
*. Necessity of Funds:
- State the legal requirement to defend the estate.
- Mention the lack of personal funds to cover legal expenses.
*. Request:
- Request an advance on the estate's funds to cover legal fees.
- Reference Texas Estates Code Section *.* to support your request.
*. Evidence:
- Attach documents showing the need to defend the estate.
- Include proof of your financial inability to pay for legal fees personally.
Conclusion:
- Summarize the need and request the court to grant the motion.
- Sign and date the motion.
---
Would you like additional help with any specific section of this motion?

Can I include that at the end of the complaint

Yes, you can include the request for an advance on estate funds for legal fees at the end of your complaint. Summarize the necessity and reference Texas Estates Code Section *.*. Would you like specific guidance on how to phrase this request within your complaint?

Yes

To include the request for an advance on estate funds for legal fees at the end of your complaint, you can use the following phrasing:
---
Request for Advance on Estate Funds for Legal Expenses
As the Successor Independent Executor of the Estate of [Deceased’s Name], I am legally required to defend the estate but currently lack the personal funds to do so. I hereby request an advance on the estate's funds to cover legal expenses as per Texas Estates Code Section *.*.
Necessity of Funds:
- The legal requirement to defend the estate.
- My financial inability to cover legal expenses personally.
Request:
- An advance on the estate's funds to cover legal fees.
- Reference to Texas Estates Code Section *.*.
Evidence:
- Documentation showing the need to defend the estate.
- Proof of my financial inability to pay for legal fees personally.
Conclusion:
- Summarize the necessity and request the court to grant this motion.
---
Would you like assistance with anything else?

I am also requesting court intervention

To request court intervention, you can modify the motion to include your request for court intervention along with the advance on legal fees. Here’s how you can phrase it:
---
Request for Court Intervention and Advance on Estate Funds for Legal Expenses
As the Successor Independent Executor of the Estate of [Deceased’s Name], I am legally required to defend the estate but currently lack the personal funds to do so. I hereby request:
*. Court Intervention: To intervene in the matter to ensure the proper handling of the estate.
*. Advance on Estate Funds: To cover legal expenses as per Texas Estates Code Section *.*.
Necessity of Funds:
- The legal requirement to defend the estate.
- My financial inability to cover legal expenses personally.
Request:
- An advance on the estate's funds to cover legal fees.
- Intervention by the court to manage the estate’s affairs.
- Reference to Texas Estates Code Section *.*.
Evidence:
- Documentation showing the need to defend the estate.
- Proof of my financial inability to pay for legal fees personally.
Conclusion:
- Summarize the necessity and request the court to grant this motion.
---
Would you need additionaldetails or guidance on any specific part of this motion?

Texas Estate Legal Fees

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