Correcting Probate Inventory Issues
Summary
You can include reasons such as missing assets, false beneficiary claims, and unlisted surviving children in your objection to a probate inventory. In Texas, objections can be filed anytime before probate closes. Gather evidence, draft a detailed objection, and submit it to the probate court. Consider citing Texas Estate Code §§ 309.051 and 308.002 for inventory and notification requirements. Prepare for your hearing by organizing documents and witness affidavits.Full Conversation
I filed an correction to inventory that has been cited and served. Now I want to file a complaint for objection to Inventory because of missing assets, personal representative claiming to be only beneficiary, not listing the surviving children on the Application for Probate of Will and Codicil or the Proof of death and other facts implying that no surviving children listed in the Will. Can I include all of those reasons in the objection to Inventory
Yes, you can include all those reasons in your objection to Inventory. You can raise issues regarding:
- Missing assets
- Personal representative's claim to be the only beneficiary
- Failure to list surviving children on the Application for Probate and Proof of Death
In which state are you filing this objection? This will help tailor the information better to your situation.
Grayson County Texas
Yes, you can include all those reasons in your objection to the Inventory. Here are some points to consider:
- Missing assets
- Personal representative’s false claims
- Failure to list surviving children
In Texas, objections to an inventory must be filed within 30 days of the inventory filing.
Would you like more details on the specific process or forms needed?
In Texas a beneficiary can file an objection to Inventory anytime before probate closes without the statute of limitations applying
You are correct that objections can be filed anytime before probate closes. However, it’s crucial to ensure that all necessary documents and evidence are properly documented to support your claims.
Would you like information on how to proceed with filing this objection in Grayson County, Texas?
Yes
To proceed with filing your objection to the Inventory in Grayson County, Texas, follow these steps:
- Gather Evidence: Collect all necessary documents and evidence supporting your claims (missing assets, false beneficiary claims, etc.).
- Draft Objection: Prepare a detailed written objection outlining your reasons.
- File the Objection: Submit the objection to the probate court handling the estate.
Would you like guidance on drafting the objection or details about the court's filing process?
Yes
To draft your objection:
*. Identify Missing Assets: Clearly list any assets you believe were omitted.
*. Challenge False Claims: Explain why the personal representative’s beneficiary claim is incorrect.
*. List Surviving Children: Provide names and evidence of the children not listed in the probate documents.
Grayson County Probate Court
Phone: (*) *-*
Address: * W Houston St, Sherman, TX *
Website: www.co.grayson.tx.us
Would you like more information on drafting the objection or about the court’s filing process?
Sure, here’s a template to help you draft your objection to the inventory:
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Objection to Inventory
Probate Court of Grayson County, Texas
Case No.: [Your Case Number]
In the Estate of: [Deceased’s Name]
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Comes now, [Your Name], a beneficiary in the above-referenced estate, and files this Objection to Inventory submitted by [Personal Representative’s Name], and in support thereof, states as follows:
*. Missing Assets:
- The following assets have been omitted from the inventory:
- [List missing assets with as much detail as possible]
*. False Beneficiary Claims:
- The personal representative, [Personal Representative’s Name], falsely claims to be the sole beneficiary. This is incorrect due to the following reasons:
- [Provide reasons and evidence disputing the personal representative’s claim]
*. Failure to List Surviving Children:
- The Application for Probate and Proof of Death failed to list the following surviving children:
- [List names and provide evidence of the children not listed]
WHEREFORE, [Your Name] respectfully requests the Court to:
*. Review and amend theinventory to include the missing assets.
*. Correct the beneficiary claims.
*. Recognize and list the surviving children appropriately in the probate records.
Respectfully submitted,
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[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
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Would you like more information on the court’s filing process or any other details?
I have a POA filed by my father when he executed his Will that list them
It sounds like you have a strong basis for your objection.
To proceed:
- Ensure the Power of Attorney (POA) is valid and relevant to your claims.
- Attach the POA as supporting evidence to your objection.
Would you like more details on preparing your POA as evidence or further assistance with the court's filing process?
He is deceased but the POA was executed and filed by him with witnesses in case he became incapacitated
A Power of Attorney (POA) generally becomes invalid upon the death of the principal (your father). However, the POA might still be useful to show your father’s intentions.
Would you like more information on alternative ways to support your claims with the probate court?
Yes
To support your claims with the probate court, consider the following:
- Affidavits: Gather statements from witnesses who can attest to the validity of the will and the existence of the missing assets.
- Financial Records: Secure bank statements, property deeds, or other financial documents showing the assets in question.
- Testamentary Documents: Obtain copies of any other testamentary documents like codicils or previous wills.
Would you like more detailed guidance on obtaining or preparing these documents?
The independent executrix did not file any of his personal property or any of the estate property listed in the Will because she claims to be the only beneficiary
It seems like you have substantial grounds for your objection. Here are some steps you can take:
- Gather Evidence: Collect all documents that substantiate your claims, such as bank statements, property deeds, and witness affidavits.
- Affidavits: Obtain affidavits from witnesses who can testify about your father's intentions and the existence of the omitted assets.
- Draft Objection: Use the provided template to draft a detailed objection.
Would you like more information on preparing affidavits or any other documents?
It's been 12 years and probate still open without distribution of any kind but in the Will she is obligated to distribute to his children during the administration
It seems like you have a strong basis for your objection given the lack of distribution and misrepresentation of beneficiaries.
In Texas, you may consider filing a petition to compel distribution or remove the personal representative if they are failing in their duties.
Would you like more information on how to file such a petition?
I did file a partition and distribution petition and the judge is waiting for the show cause hearing
It sounds like you're taking the right steps. For your upcoming show cause hearing, here are some key points to prepare:
- Evidence: Ensure you have all documents, like the Will, financial records, and witness affidavits, organized and ready.
- Arguments: Clearly outline how the lack of distribution and misrepresentation have affected the estate.
- Legal Grounds: Be prepared to cite Texas probate laws relevant to your case.
Would you like tips on presenting your case effectively at the hearing?
That is why I need the inventory to be correct because it's all missing
To ensure the inventory is correct, you can focus on:
- Gathering Evidence: Collect all financial records, property deeds, and any other relevant documents.
- Witness Affidavits: Prepare statements from witnesses who can attest to the missing assets and your father's intentions.
- Draft Detailed Objections: Use the template provided to clearly outline your objections.
Would you like tips on organizing your evidence for the hearing?
Yes
To effectively organize your evidence for the hearing:
*. Document Checklist: Create a list of all documents you need, such as bank statements, property deeds, and the Will.
*. Chronological Order: Arrange documents in chronological order for easy reference.
*. Label Evidence: Clearly label each piece of evidence for quick identification.
*. Witness Statements: Collect and organize affidavits from witnesses.
Would you like more detailed tips on preparing your witness affidavits?
Texas Estate Code inventory is specific but when there are no other beneficiary and she was independent executrix nobody to object because she never notified me
It seems you have a strong basis for your objection, especially given the lack of notification and missing assets. Here's what you can focus on:
- Notification Issue: Highlight the executor’s failure to notify beneficiaries.
- Inventory Accuracy: Stress the importance of a complete and accurate inventory for fair distribution.
- Legal Grounds: Reference Texas Estate Code § *.*, which mandates proper inventory and appraisement.
Would you like more detailed information on citing specific sections of the Texas Estate Code in your objection?
Yes
Here's how you can cite specific sections of the Texas Estate Code in your objection:
Key Sections to Consider:
-
Texas Estate Code § *.*: Requires the personal representative to file a complete inventory of the estate's assets.
-
Texas Estate Code § *.*: Mandates notification to beneficiaries within 60 days of the will being admitted to probate.
How to Reference These Sections:
- Inventory Requirement: “Pursuant to Texas Estate Code § *.*, the independent executrix is required to file a complete and accurate inventory of the estate’s assets.”
- Notification Requirement: “Under Texas Estate Code § *.*, the independent executrix must notify all beneficiaries within 60 days. This has not been done in my case.”
Would you like more information on drafting legal arguments using these code sections?
Yes
To help you draft legal arguments referencing the Texas Estate Code sections:
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]
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Would you like any additional information or further assistance with drafting your legal arguments?
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