Summary
In Texas, a Federal Estate Tax Proceeding is necessary if the estate surpasses the federal exemption of $12.92 million. If a Will mandates this, it must be adhered to, regardless of the estates value. Executors should file IRS Form 706 and secure appraisals. Trust beneficiaries are typically listed in trust documents. If an executrix fails to file an inventory, legal action can be pursued. Beneficiaries can file complaints for missing inventory and fraudulent concealment, request court intervention, and seek attorneys fees under Texas Estates Code § 114.064.Full Conversation
If a last Will and Testament requires a Federal Estate Tax Proceeding to establish a valuation of the gross Estate assets before distribution
To provide more specific information, can you tell me in which state you are located? This helps in understanding any state-specific laws that may apply.
Texas
In Texas, whether a Federal Estate Tax Proceeding is required depends on the value of the estate.
- Estates exceeding the federal estate tax exemption (currently $*.* million for *) must file a federal estate tax return.
- The estate's gross value includes all assets before any deductions.
Do you need more details on the exemption thresholds or the filing process?
What if the Will requires it
If the Will specifically requires a Federal Estate Tax Proceeding, it must be followed regardless of the estate's value. This might be a precautionary measure to ensure compliance and transparency.
Would you like more information on how to initiate a Federal Estate Tax Proceeding in Texas?
Yes
In Texas, to initiate a Federal Estate Tax Proceeding:
- Form *: Complete and file IRS Form *, United States Estate (and Generation-Skipping Transfer) Tax Return.
- Appraisals: Obtain professional appraisals to establish the fair market value of the estate's assets.
- Deadlines: File the return within 9 months of the decedent's death. Extensions are available.
- Professional Help: Consulting an estate attorney or tax professional may be beneficial.
Would you like details on finding a professional to assist with this process?
Are trust beneficiaries listed
In Texas, trust beneficiaries are generally listed in the trust document itself. This document outlines the specific individuals or entities entitled to receive benefits from the trust.
Would you like more information on how to review the trust document or how to contact a professional for assistance?
If the Will says My executrix shall select property in my estate between the date of valuation used in the Federal Estate Tax Proceeding and date of distribution would mean that the valuation proceeding must come first
It appears that the Will has a specific instruction regarding the timing of property selection based on the Federal Estate Tax Proceeding valuation.
- The valuation from the Federal Estate Tax Proceeding must indeed come first.
- The executrix can then select the property based on this valuation.
Would you like more details on how to ensure compliance with this provision?
Would that be reflected in the Estate inventory for probate
Yes, the valuation from the Federal Estate Tax Proceeding should be reflected in the estate inventory for probate. This ensures all assets are accurately accounted for and valued according to the requirements of the Will.
Do you need more information on how to update the estate inventory for probate?
The independent executrix did not file any of my father's assets in the probate inventory
It sounds like you may have a strong case for legal intervention. In Texas, an independent executrix is required to file an inventory of the estate's assets. The failure to do so can be a serious breach of duty.
Would you like guidance on how to possibly address this issue with the court or the executrix?
Yes
In Texas, if an independent executrix fails to file the probate inventory, you can take the following steps:
- File a Complaint: Submit a complaint to the probate court detailing the executrix's failure to comply.
- Request an Accounting: Ask the court to compel the executrix to provide a full accounting of the estate's assets.
Would you like more details on how to file a complaint or request an accounting?
in the Federal Estate Tax Proceeding they would know the character of the property from previous tax Proceeding
The character of the property should indeed be established from previous tax proceedings. For more specific guidance:
- Review Previous Filings: Obtain copies of prior tax filings and estate documents.
- Consult a Professional: Engage an estate attorney or tax professional to ensure compliance and accurate documentation.
Would you like assistance on how to obtain these previous filings?
I filed a objection to Inventory *.*. And now I am filing another complaint for objection to Inventory *.*. And in the second complaint Failure to Notify. I am a Trust Beneficiary that never received notice or distribution
It appears you have legitimate concerns regarding the handling of the estate. Here are some steps you might take:
- File Objections: Continue filing your objections with the probate court.
- Request Accounting: Ask the court to compel the executrix to provide a full accounting.
- Seek Legal Advice: Consult with a probate attorney specializing in Texas law for specific guidance.
Would you like help finding a probate attorney in Texas?
I am hoping the court will intervene and require the new inventory and approve my partition and distribution request
Since you have already filed objections and complaints, the next step is to ensure the court intervenes appropriately.
- File a Motion: Request the court to order the executrix to file a new inventory and approve your partition and distribution request.
- Provide Evidence: Support your motion with evidence of the executrix's failure to comply.
Would you like more information on filing a motion or gathering evidence?
Yes
To file a motion:
- Draft the Motion: Clearly state your request for the court to order the executrix to file a new inventory and approve your partition and distribution request.
- Gather Evidence: Collect documents showing the executrix's failure to comply.
- File the Motion: Submit the motion to the probate court.
Would you like help with the specific format or content of the motion?
Yes
To draft a motion:
- Title: Include a title such as "Motion to Compel New Inventory and Approve Partition and Distribution."
- Statement of Facts: Outline the executrix's failures and your objections.
- Request for Relief: Clearly state what you are asking the court to do.
- Evidence: Attach supporting documents.
Would you like more details on each section or assistance in finding a template?
Yes
To draft a motion:
- Title: "Motion to Compel New Inventory and Approve Partition and Distribution."
- Statement of Facts: Detail the executrix’s failures and your objections.
- Request for Relief: Specify what you want the court to order.
- Evidence: Attach documents supporting your claims.
Would you like assistance in finding a template for this motion?
Can I file the Complaint for missing inventory fraudulent concealment of assets and beneficiary status and ask for court intervention until I can figure out a way to retain a lawyer due to financial constraints
Yes, you can file a complaint for missing inventory, fraudulent concealment of assets, and beneficiary status. You can also request court intervention until you retain a lawyer.
To proceed, you should:
- File a detailed complaint with the probate court.
- Request the court to intervene and provide temporary relief.
- Gather all supporting documents and evidence.
Would you like more information on drafting this complaint?
Yes and the relief available
To draft a complaint for missing inventory, fraudulent concealment of assets, and beneficiary status, and request court intervention:
- Title: "Complaint for Missing Inventory, Fraudulent Concealment of Assets, and Beneficiary Status"
- Statement of Facts: Describe the executrix’s failures and your objections.
- Request for Relief: Ask the court to intervene and provide temporary relief.
- Evidence: Attach supporting documents (e.g., previous filings, correspondence).
Would you like more details on each section or assistance with a template?
Yes
To draft your complaint:
- Title: "Complaint for Missing Inventory, Fraudulent Concealment of Assets, and Beneficiary Status"
- Statement of Facts: Detail the executrix’s failures, including missing inventory and concealment.
- Request for Relief: Ask the court to intervene and provide temporary relief until you retain a lawyer.
- Evidence: Attach supporting documents (e.g., previous filings, correspondence).
Would you like help finding a template or more details on any section?
Yes and what temporary relief to ask for
Temporary Relief to Ask For:
*. Order for Inventory Submission: Request the court to order the executrix to submit a complete and accurate inventory of the estate.
*. Temporary Restraining Order (TRO): Prevent the executrix from distributing any assets until the inventory is resolved.
*. Accounting: Compel the executrix to provide a detailed accounting of all estate assets.
*. Appointment of a Temporary Administrator: Request a neutral party to manage the estate temporarily.
Would you like more details on drafting these specific requests?
Should request Legal fees to obtain an Attorney under *.*
To request legal fees to obtain an attorney under Texas Estates Code § *.*:
- Eligibility: This section allows a beneficiary to request that the court order the estate to pay for reasonable attorney's fees if the litigation benefits the estate.
- Filing a Motion: You can include a request for attorney's fees in your existing complaint or file a separate motion.
- Evidence: Demonstrate how your actions protect or benefit the estate.
Would you like assistance on drafting this specific request for attorney's fees?
Yes
To draft your request for attorney's fees under Texas Estates Code § *.*:
- Title: "Motion for Attorney's Fees under Texas Estates Code § *.*"
- Statement of Facts: Explain how your actions benefit the estate.
- Request for Relief: Ask the court to order the estate to cover reasonable attorney's fees.
- Evidence: Attach documents showing how your actions protect or benefit the estate.
Would you like a specific template for this motion or further guidance on any section?
I am the successor executor , behind the Executrix and my sister
It sounds like you have a strong basis for legal action due to the executrix's failures and your role as successor executor.
To proceed, here’s a summary of steps and temporary relief you can ask for:
Steps:
*. Draft a Complaint:
- Title: "Complaint for Missing Inventory, Fraudulent Concealment of Assets, and Beneficiary Status"
- Statement of Facts: Detail the executrix’s failures.
- Request for Relief: Ask the court to intervene and provide temporary relief.
- Evidence: Attach supporting documents (e.g., previous filings, correspondence).
*. Temporary Relief to Request:
- Order for Inventory Submission: Request the court to order the executrix to submit a complete and accurate inventory.
- Temporary Restraining Order (TRO): Prevent asset distribution until inventory issues are resolved.
- Accounting: Compel a detailed accounting of all estate assets.
- Appointment of a Temporary Administrator: Request a neutral party to manage the estate temporarily.
*. Request for Attorney's Fees under Texas Estates Code § *.*:
- Title: "Motion for Attorney's Fees under Texas Estates Code § *.*"
- Statement of Facts: Explain how your actions benefit the estate.
- Request for Relief: Ask the court to order the estate to cover reasonable attorney's fees.
- Evidence: Attach documents showing how your actions protect or benefit the estate.
Would you like assistance with finding templates for these documents or more detailed guidance on any of the sections?
I can add this in my complaint for objection to Inventory and Failure to Notify
It seems you have a strong basis for your complaint. Here’s a concise summary to add to your complaint:
~Complaint Summary for Objection to Inventory and Failure to Notify
Title: "Objection to Inventory and Failure to Notify"
Statement of Facts:
- The executrix failed to file an accurate inventory of the estate.
- Fraudulent concealment of assets has occurred.
- Beneficiaries, including myself, were not notified or received distributions.
Request for Relief:
*. Order for Inventory Submission: Court orders the executrix to submit a complete and accurate inventory.
*. Temporary Restraining Order (TRO): Prevent asset distribution until inventory issues are resolved.
*. Accounting: Compel a detailed accounting of all estate assets.
*. Appointment of a Temporary Administrator: Request a neutral party to manage the estate temporarily.
*. Attorney's Fees under Texas Estates Code § *.*: Order the estate to cover reasonable attorney's fees for litigation benefiting the estate.
Evidence: Attach documents showing the executrix’s failure, previous filings, and any relevant correspondence.
Would you like help finding templates or more detailed guidance on any specific section?
Then include A prayer to the court
Sure, here’s how you can include a prayer to the court in your complaint:
~Complaint Summary for Objection to Inventory and Failure to Notify
Title: "Objection to Inventory and Failure to Notify"
Statement of Facts:
- The executrix failed to file an accurate inventory of the estate.
- Fraudulent concealment of assets has occurred.
- Beneficiaries, including myself, were not notified or received distributions.
Request for Relief:
*. Order for Inventory Submission: Court orders the executrix to submit a complete and accurate inventory.
*. Temporary Restraining Order (TRO): Prevent asset distribution until inventory issues are resolved.
*. Accounting: Compel a detailed accounting of all estate assets.
*. Appointment of a Temporary Administrator: Request a neutral party to manage the estate temporarily.
*. Attorney's Fees under Texas Estates Code § *.*: Order the estate to cover reasonable attorney's fees for litigation benefiting the estate.
Evidence: Attach documents showing the executrix’s failure, previous filings, and any relevant correspondence.
Prayer to the Court:
"Wherefore, Plaintiff respectfully prays that this Court grant the relief requested herein, and any other reliefthe Court deems just and proper."
Would you like assistance with finding templates or more detailed guidance on any specific section?
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