Key Points to Include:
*.
Inventory Requirement:
- "Pursuant to Texas Estate Code § *.*, the independent executrix is required to file a complete and accurate inventory of the estate’s assets. The current inventory is incomplete and fails to list several significant assets, including [List Missing Assets]."
*.
Notification Requirement:
- "Under Texas Estate Code § *.*, the independent executrix must notify all beneficiaries within 60 days of the will being admitted to probate. In this case, the executrix has failed to notify the surviving children, including myself, as required by law."
Example Argument:
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Your Name: **** ****
Case No.: [Your Case Number]
In the Estate of: [Deceased’s Name]
Objection to Inventory and Petition for Compliance with Texas Estate Code
Comes now, **** ****, a beneficiary in the above-referenced estate, and files this Objection to Inventory and Petition for Compliance with Texas Estate Code submitted by [Personal Representative’s Name], and in support thereof, states as follows:
*. Inventory Requirement:
- "Pursuant to Texas Estate Code § *.*, the independent executrix is required to file a complete and accurate inventory of the estate’s assets. The current inventory is incomplete and fails to list several significant assets, including [List Missing Assets]."
*. Notification Requirement:
- "Under Texas Estate Code § *.*, the independent executrix must notify all beneficiaries within 60 days of the will being admitted to probate. In this case, the executrix has failed to notify the surviving children, including myself, as required by law."
WHEREFORE, **** **** respectfully requests the Court to:
*. Order the independent executrix to file a complete and accurate inventory.
*. Ensure proper notification to all beneficiaries.
*. Compel distribution of the estate according to the Will.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
---
Would you like any additional information or further assistance with drafting your legal arguments?
Husband inherited property from his father but didn't change the name on the deed before he passed away. Husband left no will what happens with the property who takes ownership
In Michigan, if a person passes away without a will, the property is distributed according to state intestacy laws. Typically, the spouse and children are the primary heirs. If the deed wasn't updated, the property may require probate to determine rightful ownership.
Was your husband survived by any children or other relatives?
Washington State
In Washington State, if someone dies without a will, their property is distributed according to the state's intestacy laws. The surviving spouse and children are typically the main heirs. If the deed wasn't updated, probate might be necessary to settle ownership. Did your husband have any surviving children or other relatives?
Wife and a single child
In Michigan, if a person passes away without a will, the intestacy laws generally distribute the estate to the surviving spouse and children. Given your situation:
- The property will likely go through probate since the deed was not updated.
- The surviving spouse and child are typically the main heirs.
Would you like more information on the probate process in Michigan?
Washington State husband receive
Case Rating: *
In Washington State, if someone dies without a will, intestacy laws dictate that the estate is distributed to the surviving spouse and children. Since the deed was not updated, the property will likely need to go through probate to determine ownership.
Would you like more information on the probate process in Washington State?
Husband inherited property from his father but did not change the name on the deed before he passed away without a will. He has a wife and living daughter who gets the property
Case Rating: *
In Michigan, if a person passes away without a will, the intestacy laws generally distribute the estate to the surviving spouse and children. Since your husband did not change the deed before passing away, the property will likely go through probate to determine rightful ownership. The surviving spouse and child are typically the main heirs, receiving the estate equally or according to the intestacy laws.
If you need more information on the probate process or have further questions, feel free to ask!
Tell me more about probate without a will in Washington State
Case Rating: *
In Washington State, when someone dies without a will, the estate is distributed according to intestacy laws. For probate without a will:
- The court appoints a personal representative.
- The estate is inventoried and debts settled.
- The remaining estate is distributed to heirs, typically the spouse and children.
Would you like specific details on the probate process or have further questions?
Wife is living in home will she be able to remain there or will it be sold leaving her homeless
Case Rating: *
In Washington State, during probate, the court will determine how the property is distributed. Typically, the surviving spouse and child are the primary heirs. While the home may not have to be sold, it depends on the estate's debts and how they are settled. It's advisable to consult with a probate attorney to understand your specific situation better.
Wife cannot afford a probate attorney
Case Rating: *
In Washington State, if a surviving spouse cannot afford a probate attorney, they may consider seeking free or low-cost legal assistance. Here are some options:
- Legal aid organizations offer free services to those who qualify.
- Some law schools provide legal clinics with student attorneys.
- Consider reaching out to local bar associations for pro bono programs.
Would you like more detailed information on any of these options?
List of how assets are divided when someone dies between spouse and children
Case Rating: *
In Washington State, when someone dies without a will, assets are divided according to intestacy laws:
- If there is a surviving spouse and children, the spouse typically receives half of the community property and a portion of the separate property, while the remainder goes to the children.
- The exact division can depend on specific circumstances, such as the number of children and the types of assets involved.
If further assistance is needed, feel free to ask!
In Washington state probate
Case Rating: *
In Washington State, when someone dies without a will, the estate typically goes through probate. The surviving spouse usually receives half of the community property and a portion of the separate property, with the remaining assets distributed to the children. Would you like more details on the probate process or assistance options?
What is the difference between community property and separate property in probate
Case Rating: *
In Washington State, the difference between community property and separate property in probate is:
- Community Property: Acquired during the marriage, shared equally between spouses.
- Separate Property: Owned before marriage, inherited, or gifted to one spouse.
Separate property is typically distributed according to intestacy laws. Would you like more details on how these laws might apply?
Yes tell me more about these laws and how they may apply
Case Rating: *
In Washington State, intestacy laws apply when someone dies without a will. Here's how these laws might apply to your situation:
- Community Property: Shared equally between spouses, usually divided between the surviving spouse and children.
- Separate Property: Distributed according to intestacy laws, usually a portion to the spouse and the remainder to children.
Would you like more detailed examples or have any specific questions about these laws?
More details wife and one child
Case Rating: *
In Washington State, when someone dies without a will, intestacy laws usually distribute the estate as follows:
- Community Property: Typically split between the surviving spouse and children.
- Separate Property: The spouse usually receives a portion, with the remainder going to the children.
If you have more specific questions or need further examples, feel free to ask!
How would the estate be divided with one living wife and one living child
Case Rating: *
In Washington State, when someone dies without a will:
- Community Property: Surviving spouse gets half. The remainder is divided equally.
- Separate Property: Surviving spouse typically receives a portion, and the rest goes to the child.
If you need more specifics, let me know!
Candice arriving child Force the spouse to vacate the house
Case Rating: *
Hey there! It sounds like you're dealing with a tricky situation. Could you clarify if the child (Candice) is trying to force the spouse to vacate the house, and if so, on what grounds? This will help me provide more relevant information.
Can the surviving child evict the surviving spouse from the the home in probate
Case Rating: *
In Michigan, during probate, the surviving spouse generally has certain rights, including the right to live in the marital home. The surviving child may not easily evict the spouse without legal grounds. Specific circumstances and debts can affect this. Consulting a probate attorney for precise advice is recommended.
Do you have any more questions on this topic?
In Washington what can be done if the surviving child is threatening and harassing this arriving spouse regarding the assets in probate
Case Rating: *
In Washington State, if a surviving child is threatening or harassing the surviving spouse regarding assets in probate, the spouse can:
- File for a protective or restraining order.
- Seek mediation to resolve disputes.
- Consult a probate attorney for legal advice.
If you have further questions, feel free to ask!
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