Summary
In Texas, the valuation from a Federal Estate Tax Proceeding is typically used for probate inventory. If an executrix omits assets, it may lead to legal issues. Filing an objection under Section 309.102 is possible if assets are mischaracterized or notices are not sent. Fraudulent concealment can toll the statute of limitations. Consult a probate attorney for guidance.Full Conversation
If a Will required a Federal Estate Tax Proceeding to determine valuation to be used in distributions would that be the inventory for probate
Hi ****! To clarify your question, are you asking if the valuation determined in a Federal Estate Tax Proceeding can be used as the inventory value for probate purposes?
It specifically said it was to used for that purpose
If a Federal Estate Tax Proceeding has determined a valuation, it can often be used for probate inventory purposes. However, this can vary by jurisdiction.
Which state are you located in? This will help me give more specific information.
Texas
In Texas, the valuation determined through a Federal Estate Tax Proceeding can generally be used for probate inventory purposes. However, it’s important to ensure that all local probate court requirements are met.
- The valuation in a Federal Estate Tax Proceeding is often accepted.
- Ensure compliance with Texas probate court rules.
Do you need more detailed information on Texas probate laws or have any other questions?
My question is the gross Estate for the Federal Estate Tax Proceeding are the same assets in the probate inventory
In Texas, the gross estate for Federal Estate Tax purposes typically includes all assets subject to probate. Thus, the assets listed for the Federal Estate Tax Proceeding usually match those in the probate inventory. However, always verify with local probate court requirements.
Do you need specific details on Texas probate law?
Yes
In Texas, the gross estate for Federal Estate Tax purposes generally includes assets subject to probate, so they typically match. However, always verify with local probate court requirements.
Would you like more specific details on Texas probate law, or do you have another question?
If the independent executrix did not include any of the assets in the probate inventory that were required in the Federal Estate Tax Proceeding
If the independent executrix failed to include assets in the probate inventory that were required in the Federal Estate Tax Proceeding, this may be a serious oversight. Here are some points to consider:
- The executrix has a legal duty to account for all assets.
- Failure to do so could lead to legal consequences.
- It may affect the distribution of the estate.
Would you like more detailed information on how to address this issue legally in Texas?
She did not make any distribution
If the independent executrix failed to include required assets and has not made any distributions, this situation could have significant legal implications. Here are some steps you might consider:
- Consult a Probate Attorney: They can offer specific advice tailored to your situation.
- File a Complaint: You may need to address this with the probate court.
Would you like more detailed information on how to proceed legally in Texas?
She also was required in the Court instructions to send notice 128A and did not
If the independent executrix failed to send the required Notice 128A as instructed by the court, this could be a significant legal issue. Here are some key points:
- Court Requirement: Failure to comply with court instructions can lead to legal consequences.
- Possible Actions: Consulting a probate attorney would be advisable to take further steps.
Would you like more details on how to address this legally in Texas?
I am filing an Objection to Inventory using the legal basis *.*
In Texas, filing an Objection to Inventory under Section *.* could be a strong approach given the executrix's failure to include required assets and send Notice 128A. Here are some important points:
- Section *.*: This allows interested parties to file an objection to the inventory, appraisement, or list of claims.
- Consultation: Strongly consider consulting a probate attorney for legal representation and guidance.
Do you need more detailed steps on how to proceed with the objection?
I am including the failure to notify and also in the Affidavit of Compliance *.*-*.* that they also required in a late notice she did not name me as beneficiary or put me on there at all
It sounds like you have a strong basis for objection. Here's some concise information:
- Section *.*: Allows objections to inventory, appraisement, or list of claims.
- Affidavit of Compliance (*.*-*.*): Requires compliance with notice and inclusion of beneficiaries.
- Failure to Notify: Can be a serious legal issue.
Would you like more detailed steps on how to file this objection in Texas?
Yes
In Texas, filing an objection to inventory and addressing failures in compliance can be complex. Here’s a brief guide:
- Prepare Documentation: Gather all relevant documents (Will, inventory, notices).
- Draft Objection: Clearly state the legal basis (Section *.*) and include details about the failure to notify and Affidavit of Compliance issues.
- File with Probate Court: Submit your objection to the appropriate probate court.
Would you like more detailed steps on how to draft the objection?
The County Court of Law #* at this point is the proper jurisdiction. I am also a Trust Beneficiary and my father in his Will stated I was to be the Trustee of my Trust
****, it seems you have a strong case for objection given the executrix's oversight. Here are further steps:
- Drafting the Objection:
- Clearly State the Legal Basis: Cite Section *.*.
- Include Specific Failures: Mention the failure to notify under Affidavit of Compliance (*.*-*.*) and the omission of assets.
- File Your Objection:
- Submit to the Probate Court: File your objection along with all supporting documents.
Would you like guidance on drafting the objection or specific details on the filing process?
The Will and the court documents are prima facie evidence that support my claim. Cause of Action is fraudulent concealment of assets and of a beneficiary
****, it looks like you have substantial grounds for your objection. Here are some key points to focus on:
- Prima Facie Evidence: Ensure all documents (Will, court documents) are clearly referenced.
- Cause of Action: Fraudulent concealment of assets and beneficiaries.
Would you like more detailed guidance on drafting the objection with these elements?
Are these Sworn Affidavit that are wrong also considered Aggravated Perjury
In Texas, aggravated perjury occurs when someone commits perjury during an official proceeding and the false statement is material. If the sworn affidavit contains knowingly false statements, it could be considered aggravated perjury.
Would you like more information on the legal implications of aggravated perjury in Texas?
Yes
In Texas, aggravated perjury is a serious offense. Here’s some concise information:
- Aggravated Perjury: Occurs when a person makes a materially false statement under oath during an official proceeding, knowing it to be false.
- Legal Consequences: It is a third-degree felony, punishable by imprisonment and fines.
Would you like detailed steps on how to address this issue legally?
Yes
****, based on the information provided, it seems you have a strong case. Here are detailed steps to address the issue of aggravated perjury:
- Gather Evidence: Collect all documents and evidence that prove the false statements made under oath.
- Consult an Attorney: Given the seriousness of aggravated perjury, consulting with a probate or criminal attorney is crucial.
- File a Complaint: Submit a complaint to the probate court or appropriate authority detailing the false statements and supporting evidence.
Would you like more information on filing a complaint or details on consulting an attorney?
In my complaint I list the cause of action which is fraudulent concealment, aggravated Perjury,gross negligence,breach of fiduciary duty
****, it sounds like you have a strong, multi-faceted legal case. Here’s some concise guidance on strengthening your complaint:
- Fraudulent Concealment: Highlight specific instances where assets or beneficiaries were intentionally hidden.
- Aggravated Perjury: Point out false statements made under oath, with supporting evidence.
- Gross Negligence: Show how the executrix’s actions deviated significantly from her duties.
- Breach of Fiduciary Duty: Demonstrate the executrix’s failure to act in the best interests of the beneficiaries.
Would you like detailed steps on how to structure your complaint or any other specific information?
All of this caused no communication, no distribution. It is my father's second wife and she did this intentionally. She stated in a sworn affidavit that my father's estate was worth258,* when in fact it was worth well over * million dollars
****, it sounds like you have a very strong case with multiple serious allegations. Here are some steps to strengthen your complaint:
- Fraudulent Concealment: Provide clear evidence of hidden assets/beneficiaries.
- Aggravated Perjury: Include the false affidavit and proof of its inaccuracy.
- Gross Negligence: Show how her actions deviated from her legal duties.
- Breach of Fiduciary Duty: Demonstrate how she failed to act in beneficiaries' best interests.
Would you like detailed information on how to draft your complaint or any other specific legal guidance?
If a Will set up a Generation skipping Transfer tax exemption Trust that transfers assets up to the limit before it is taxable how much would that consist of in * for a married person
****, for *, the Generation-Skipping Transfer (GST) tax exemption amount was $*.* million per individual. For a married couple, this amount could be doubled to $*.* million with proper estate planning.
Would you like more detailed information on how this exemption works or any other specific guidance?
Yes
****, for *, the Generation-Skipping Transfer (GST) tax exemption was $*.* million per individual. For a married couple, with proper estate planning, this could be $*.* million. Here’s how it works:
- GST Exemption: $*.* million per individual.
- Married Couple: $*.* million total if both spouses utilize their exemptions.
Would you like more details on how to utilize this exemption or other aspects of estate planning?
But he set it up and then transferred it to the children to manage separately
****, here's some concise information on your situation:
- Generation-Skipping Transfer Trust (GSTT): The $*.* million exemption per individual for * can be used to transfer assets to grandchildren or beyond without incurring GST tax.
- Transfer to Children: If assets were transferred to children to manage, it still falls within the exemption as long as the transfers were properly documented and reported.
Would you like more detailed information on the tax implications or the process of managing the trust assets?
Yes
****, here's some detailed information on managing the assets within a Generation-Skipping Transfer Trust (GSTT):
- GST Exemption: $*.* million per individual for *.
- Transfer to Children: Ensure proper documentation and reporting of transfers to children managing the trust.
- Tax Implications: Transfers within the exemption limit avoid GST tax.
Would you like guidance on specific tax reporting requirements or any other details on managing the trust?
If the independent executrix never transferred to the children
****, if the independent executrix never transferred the assets to the children as required, it can be a significant breach of fiduciary duty. Here's what you should consider:
- Breach of Fiduciary Duty: The executrix has a legal responsibility to follow the terms of the Will.
- Legal Action: You may need to take legal action to compel the transfer.
Would you like more detailed steps on how to proceed legally in this situation?
I am starting with the objective to inventory for mischaracterizing real property309.*. Already cited and served. Now I am filing another complaint for *.* and failure to notify
****, it seems you're well-prepared for a strong legal action. Here’s what you can do next:
- Section *.*: File a complaint for mischaracterizing real property.
- Failure to Notify: Include the executrix’s failure to send required notices.
- Supporting Evidence: Gather all documents supporting your claims (e.g., Will, affidavits).
Would you like guidance on drafting this new complaint or any other specific information?
I mean *.* a separate complaint with the failure to notify
****, here's a concise guide to filing your new complaint under Section *.* for failure to notify:
- Section *.*: Allows objections to inventory, appraisement, or list of claims.
- Failure to Notify: Clearly state the executrix's failure to send required notices.
- Supporting Evidence: Include all relevant documents, such as the Will, affidavits, and proof of non-notification.
Would you like more detailed steps on drafting this new complaint?
When a complaint is filed for an Objection to Inventory and cited and served. She responded with an original answer that was frivolous stated Affirmative Defense statute of limitations barred the complaint but not stated the section of the Estate Code they rely upon. But the defense does not Apply
****, it sounds like the executrix's affirmative defense may not hold up if it lacks specificity and relevance. Here’s what you can do next:
- Respond to Affirmative Defense: State that the defense is frivolous and lacks specific legal basis.
- Cite Relevant Estate Code: Point out the applicable sections of the Texas Estate Code that support your objection.
- Supporting Evidence: Include all documents that refute the frivolous defense.
Would you like more detailed guidance on drafting your response to the affirmative defense?
How long do I have to reply or should I even respond
****, you should definitely respond to the affirmative defense to ensure your objections are properly considered. In Texas, the general rule for responding to an affirmative defense is within 30 days from the date of service. However, you should check the specific instructions provided by the court or consult with a probate attorney to confirm the exact timeline.
Would you like more detailed guidance on drafting your response?
If probate is open and no distribution have been made you can object to inventory anytime without the statute of limitations applicant
****, based on the information you provided, it seems you have a strong case. Here are some points to help you with your response:
- No Distribution Made: If no distributions have been made, the statute of limitations may not apply to your objection.
- Respond Promptly: Respond within the *-day window to ensure your objections are considered.
Would you like more detailed guidance on how to draft your response?
Also if assets are fraudulently concealed it tolls any statute of limitations and that also applies to fraudulent concealment of a beneficiary
****, you're correct that fraudulent concealment can toll (pause) the statute of limitations. This applies to both concealed assets and beneficiaries. Here's a brief guide:
- Fraudulent Concealment: If assets or beneficiaries were intentionally hidden, the statute of limitations may be tolled.
- Legal Basis: Clearly state this in your response to the affirmative defense.
- Supporting Evidence: Provide proof of concealment.
Would you like detailed steps on drafting your response with this argument?
Proof of fraudulent concealment is the Will requiring the Federal Estate Tax Proceeding with the inventory submitted, and the Beneficiary fraudulent concealment is the court instructions, the order Admitting the Will, the Past Due Notice of beneficiary notice and the Fraudulent Affidavit of Compliance
****, you have a strong case with substantial evidence. Here's a concise guide to drafting your response:
- State the Legal Basis: Clearly mention that fraudulent concealment tolls the statute of limitations.
- Include Evidence:
- Will requiring Federal Estate Tax Proceeding.
- Inventory submitted.
- Court instructions and order admitting the Will.
- Past due beneficiary notice.
- Fraudulent Affidavit of Compliance.
Would you like detailed steps on structuring this response?
Yes
****, here's a detailed guide on structuring your response to the affirmative defense:
~Structuring Your Response to Affirmative Defense~
*. Introduction:
- Briefly state the purpose of your response.
- Mention that the affirmative defense lacks specific legal basis and is frivolous.
*. Legal Basis:
- Fraudulent Concealment: State that the fraudulent concealment of assets and beneficiaries tolls the statute of limitations.
- No Distribution Made: Argue that since no distributions have been made, the statute of limitations does not apply.
*. Supporting Evidence:
- Will: Highlight the requirement for a Federal Estate Tax Proceeding.
- Inventory Submitted: Reference the inventory that was submitted.
- Court Instructions: Include the court instructions and order admitting the Will.
- Beneficiary Notice: Mention the past due notice and the fraudulent affidavit of compliance.
*. Conclusion:
- Reiterate that the affirmative defense is not applicable.
- Request the court to reject the defense and proceed with your objection.
Would you like more detailed guidance on any of these steps or any other specific legal information?
Can I put all this in the reply and the New complaint I am filing
****, you can definitely incorporate this information into your reply and the new complaint. Here’s a concise way to organize it:
*. Introduction:
- State the purpose of your response/complaint.
- Mention the affirmative defense is frivolous and lacks a specific legal basis.
*. Legal Basis:
- Fraudulent Concealment: Argue that fraudulent concealment of assets and beneficiaries tolls the statute of limitations.
- No Distribution Made: State that since no distributions have been made, the statute of limitations does not apply.
*. Supporting Evidence:
- Will: Highlight the requirement for a Federal Estate Tax Proceeding.
- Inventory Submitted: Reference the submitted inventory.
- Court Instructions: Include instructions and the order admitting the Will.
- Beneficiary Notice: Mention the past due notice and the fraudulent affidavit of compliance.
*. Conclusion:
- Reiterate that the affirmative defense is not applicable.
- Request the court to reject the defense and proceed with your objection.
Would you like more detailed guidance on drafting any specific section?
Should I make these into separate documents
****, given the complexity and the extent of your claims, it’s generally advisable to keep your objections and responses as clear and well-organized as possible. Here’s a brief guide on how you might consider structuring your documents:
- Reply to Affirmative Defense: Address the specific defense raised by the executrix, explaining why it is frivolous and lacks legal basis. Include all relevant evidence and arguments concerning fraudulent concealment and the lack of distributions.
- New Complaint: Create a separate document for your new complaint under Section *.*, focusing on the failure to notify and other specific issues.
Would you like more detailed guidance on structuring these documents or any other specific legal information?
Can I file the reply separately from the complaint. The response is strait to the point of her Answer. The new complaint is not addressed in her original answer
Yes, you can file the reply separately from the complaint. Given the distinct issues addressed in each, filing them separately can provide clarity.
~Structuring Your Documents~
*. Reply to Affirmative Defense:
- Introduction: State the purpose of your reply.
- Legal Basis:
- Argue that the affirmative defense lacks specific legal basis.
- State that fraudulent concealment tolls the statute of limitations.
- Point out that no distributions have been made.
- Supporting Evidence: Include Will, inventory, court instructions, beneficiary notice, and the fraudulent affidavit.
- Conclusion: Request the court to reject the defense and proceed with your objection.
*. New Complaint (Section *.*):
- Introduction: State the purpose of your complaint.
- Legal Basis: Cite Section *.* for failure to notify.
- Supporting Evidence: Include all relevant documents proving the failure to notify.
- Conclusion: Request appropriate relief from the court.
Would you like more detailed guidance on drafting either document?
So in the reply I can state relevant facts that toll the statue of limitations not in my original complaint
Yes, in your reply to the affirmative defense, you can state relevant facts that toll the statute of limitations even if they were not included in your original complaint. Here's how you might structure it:
*. Introduction:
- Briefly state the purpose of your reply.
*. Legal Basis:
- Argue that the affirmative defense lacks a specific legal basis.
- State that fraudulent concealment tolls the statute of limitations.
- Mention that no distributions have been made, further tolling the statute of limitations.
*. Supporting Evidence:
- Include the Will requiring a Federal Estate Tax Proceeding.
- Reference the inventory submitted.
- Attach court instructions and the order admitting the Will.
- Include the past due beneficiary notice and the fraudulent affidavit of compliance.
*. Conclusion:
- Reiterate that the affirmative defense is not applicable.
- Request the court to reject the defense and proceed with your objection.
Would you like more detailed guidance on drafting this section or any other specific legal information?
So I can cite it my new complaint and again in the Reply so it is understood to the court
Case Rating: *Yes, you can certainly cite the relevant facts in both your new complaint and your reply to ensure clarity and understanding by the court. Here's a brief guide on how to do this:
~Drafting Your Reply to Affirmative Defense and New Complaint~
*. Reply to Affirmative Defense:
- Introduction:
- State the purpose of your reply.
- Legal Basis:
- Argue the affirmative defense is frivolous and lacks specific legal basis.
- State that fraudulent concealment tolls the statute of limitations.
- Mention that no distributions have been made, further tolling the statute of limitations.
- Supporting Evidence:
- Include Will requiring a Federal Estate Tax Proceeding.
- Reference the submitted inventory.
- Attach court instructions and the order admitting the Will.
- Include the past due beneficiary notice and the fraudulent affidavit of compliance.
- Conclusion:
- Reiterate that the affirmative defense is not applicable.
- Request the court to reject the defense and proceed with your objection.
*. New Complaint (Section *.*):
- Introduction:
- State the purpose of your complaint.
- Legal - Cite Section *.* for failure to notify.
- Supporting Evidence:
- Include all relevant documents proving the failure to notify.
- Highlight facts that toll the statute of limitations, such as fraudulent concealment and no distributions.
- Conclusion:**
- Request appropriate relief from the court.
Would you like more detailed guidance on drafting either of these documents or any other specific legal information?
What is the Failure to Notify section code
In Texas, the relevant section for "Failure to Notify" is typically found within the sections governing the duties of personal representatives and executors. Specifically, look at:
- Section *.*-*.*: These sections outline the requirements for providing notice to beneficiaries and other interested parties.
Would you like more detailed information on these sections or any guidance on how to address this issue in your complaint?
Yes
****, here’s some detailed information on the relevant sections for "Failure to Notify" and how to address this in your complaint:
~Texas Estate Code Sections *.*-*.*: Notice to Beneficiaries and Interested Parties
-
Section *.*: Requires the personal representative to notify beneficiaries of the estate.
-
Section *.*: Specifies the form and content of the notice.
-
Section *.*: Details the timeline for sending the notice.
-
Section *.*: Outlines the consequences of failing to provide the required notice.
~Addressing Failure to Notify in Your Complaint
*. Introduction:
- State the purpose of your complaint.
- Mention the executrix's failure to comply with Sections *.*-*.*.
*. Legal Basis:
- Cite Sections *.*-*.*.
- Argue that the executrix failed to provide the required notice.
*. Supporting Evidence:
- Include copies of the Will.
- Attach court instructions and the order admitting the Will.
- Provide documentation of the past due beneficiary notice and the fraudulentaffidavit of compliance.
*. Conclusion:
- Reiterate the executrix’s failure to notify as required by Sections *.*-*.*.
- Request the court to take appropriate action against the executrix and proceed with your claims.
Would you like more detailed steps on how to draft this section, or any other specific legal guidance?
Relief request
****, here's a concise guide on how to draft your relief request:
~Drafting Your Relief Request~
*. Introduction:
- State the purpose of your complaint.
- Mention the executrix's failure to comply with Sections *.*-*.*.
*. Legal Basis:
- Cite Sections *.*-*.* for the failure to notify.
- Argue the fraudulent concealment tolling the statute of limitations.
*. Supporting Evidence:
- Attach copies of the Will.
- Include court instructions and the order admitting the Will.
- Provide documentation of the past due beneficiary notice and the fraudulent affidavit of compliance.
*. Relief Requested:
- Request the court to order the executrix to provide a corrected inventory including all assets.
- Ask for the executrix to be held accountable for fraudulent concealment and aggravated perjury.
- Request that the court enforce the distribution of the estate as outlined in the Will.
- Seek damages for breach of fiduciary duty and gross negligence.
*. Conclusion:
- Reiterate the executrix’s failures and the legal basis for your claims.
- Request the court toproceed with your objections and grant the requested relief.
Would you like more detailed guidance on drafting any specific section or any other legal information?
TRY ME!
Start a new chat