Probate Application Discrepancies Explained

Summary

In Texas, probate applications must list all known heirs, including surviving children. If discrepancies exist, such as omitted beneficiaries or assets, legal action may be necessary. You can file an objection to the probate application and inventory, citing discrepancies and providing supporting evidence. Ensure all legal forms are correctly filled out and served to the executrix and her attorney. Consulting a probate attorney can help address these issues and protect the rights of all beneficiaries.

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Grayson County Texas

Hi Brad! What specific legal issue are you dealing with in Grayson County, Texas? This will help me provide the most relevant information.

If an Application for Probate of Will and Codicil does not list surviving children and stated No Child or children born to or adopted by the decedent after making of the Will. Does that mean no surviving children

In Texas, if an Application for Probate states "No Child or children born to or adopted by the decedent after making of the Will," it implies no children were born or adopted after the Will was made. It doesn't necessarily mean there are no surviving children.
Are you concerned about a specific probate issue involving children?

But it does not list any surviving children

In Texas, the language "No Child or children born to or adopted by the decedent after making of the Will" only refers to children born or adopted after the Will was made. It does not necessarily indicate whether there are surviving children from before the Will was created.
Are you trying to determine the rights of potential heirs, or is there a concern about the accuracy of the probate application?

Yes

To clarify, if the Will does not list any surviving children, it might mean there are no surviving children, or it might mean the Will simply did not list them. The rights of potential heirs can be complex.
Are you an heir or someone with a vested interest in the estate?

Not the Will the application for probate of Will and Codicil. The Will list the children as beneficiary

In Texas, if the Will lists children as beneficiaries but the application for probate does not, there might be an issue with the application. It’s crucial that the probate application accurately reflects the beneficiaries listed in the Will.
You may want to:
- Review: Ensure the Will and Codicil are correctly presented in the application.
- Consult: Consider consulting with a probate attorney to address potential discrepancies and protect the rights of the beneficiaries.
Are you looking to challenge the application, or do you need assistance in ensuring it is accurate?

Doesn't the Application have to list surviving children

Yes, in Texas, the probate application should list all known heirs, including surviving children, to ensure proper distribution according to the Will and state laws. If the application omits these details, it might be flawed.
Would you like guidance on how to challenge the application or ensure its accuracy?

When it does not list the children and stated No Child in Texas Estate Code means no surviving children

In Texas, if the probate application does not list any surviving children and states "No Child," it might be interpreted as no surviving children. However, this can be a significant issue if the Will lists children as beneficiaries but they are not included in the application.
Would you like to know the steps to challenge the application or ensure it reflects the Will accurately?

Proof of Death and Other Facts same thing

In Texas, "Proof of Death and Other Facts" is a document used in probate proceedings to establish the decedent's death and pertinent facts about their estate. It should align with the Will and accurately list all known heirs, including surviving children.
Would you like to know how to address discrepancies in this document?

Yes

To address discrepancies in the "Proof of Death and Other Facts" document in Texas probate proceedings, you can:
*. File an Objection: Submit a formal objection to the probate court, citing the discrepancies between the Will and the application.
*. Consult an Attorney: Engage a probate attorney to guide you through the legal process and ensure the application reflects the Will accurately.
*. Gather Evidence: Collect any documentation that supports the existence of surviving children and their rights as beneficiaries.
Would you need help finding a probate attorney in Grayson County, Texas?

Also in the Affidavit of Compliance the independent executrix states she is the only beneficiary

It sounds like there are significant discrepancies in the probate application process. Here are some steps you might consider:
*. File an Objection: If the affidavit of compliance inaccurately states that the executrix is the only beneficiary, you can file an objection.
*. Consult an Attorney: A probate attorney can help address these issues and ensure the rights of all beneficiaries are protected.
*. Gather Evidence: Collect documents that prove the existence of other beneficiaries as listed in the Will.
Would you like assistance finding a probate attorney in Grayson County, Texas?

Can I include it in my objection to Inventory

Yes, you can include discrepancies in the inventory, especially if they reflect inaccuracies regarding beneficiaries or the estate's assets. This can strengthen your objection. Make sure to:
- Highlight inconsistencies between the Will and the application.
- Provide evidence supporting your claims.
- Consult with a probate attorney for precise guidance.
Would you like help finding a probate attorney in Grayson County, Texas?

I am filing the complaint myself I cannot afford an Attorney trying to get financing

You can file the complaint yourself. Here’s how to address discrepancies:
*. File an Objection: Submit a formal objection to the probate court, highlighting inconsistencies in the inventory and affidavit of compliance.
*. Gather Evidence: Collect documentation supporting your claims about the true beneficiaries.
*. Review Legal Forms: Ensure all legal forms are correctly filled out and filed.
Would you like more detailed steps on how to file the objection?

I have A POA my father filed when he made the Will it list a lot of assets not in the inventory

It sounds like you have a solid basis for your objection, given the discrepancies in the probate documents and the assets listed in the Power of Attorney (POA). Here are the steps to file your objection:
*. File an Objection: Draft a formal objection to the probate court, detailing the discrepancies between the Will, the POA, and the inventory.
*. Gather Evidence: Collect all relevant documents, including the POA, Will, and any supporting evidence of the assets and beneficiaries.
*. Submit Forms: Ensure all legal forms are correctly filled out and submitted to the probate court.
Would you like a sample template for the objection, or do you need more detailed information on the specific forms required?

Yes

To assist you in drafting your objection, here’s a sample template for filing an objection to the probate application in Grayson County, Texas:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Grayson County Probate Court
[Court’s Address]
[City, State, ZIP Code]
Re: Objection to Application for Probate of Will and Codicil
Estate of [Decedent’s Name], Case Number [Case Number]
Dear Honorable Judge,
I, [Your Name], respectfully submit this objection to the Application for Probate of Will and Codicil concerning the estate of [Decedent’s Name]. I am an interested party as [explain your relationship, e.g., an heir, beneficiary, etc.].

Grounds for Objection:
*. Discrepancies in Inventory:
- The inventory filed by the independent executrix, [Executrix’s Name], does not include several assets listed in the Power of Attorney (POA) executed by the decedent, such as [list specific assets].
*. Incorrect Beneficiary Information:
- The affidavit of compliance inaccurately states that the executrix is the only beneficiary, whereas the Will lists other beneficiaries, specifically [names of the beneficiaries].

Supporting Evidence:
- Copy of the Will: Highlighting the listed beneficiaries.
- Power of Attorney: Detailing the omitted assets.
- Any additional documentation: Supporting the claims of discrepancies.

Request for Relief:
I respectfully request that the court:
*. Review the submitted inventory and affidavit of compliance.
*. Ensure all assets and beneficiaries are accurately represented.
*. Take appropriate actions to amend the probate application to reflect the correct information.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
---
Would you like more detailed information on the specific forms required for submission?

Cannot submit the Will can reference it. ALSO you need the last three digits of social security and Driver's license

In Texas, while you can't submit the Will, you can reference it and provide the last three digits of the decedent's Social Security number and driver’s license in your objection.

Updated Sample Template for Objection:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Grayson County Probate Court
[Court’s Address]
[City, State, ZIP Code]
Re: Objection to Application for Probate of Will and Codicil
Estate of [Decedent’s Name], Case Number [Case Number]
Dear Honorable Judge,
I, [Your Name], respectfully submit this objection to the Application for Probate of Will and Codicil concerning the estate of [Decedent’s Name]. I am an interested party as [explain your relationship, e.g., an heir, beneficiary, etc.].
Grounds for Objection:
*. Discrepancies in Inventory:
- The inventory filed by the independent executrix, [Executrix’sName], does not include several assets listed in the Power of Attorney (POA) executed by the decedent, such as [list specific assets].
*. Incorrect Beneficiary Information:
- The affidavit of compliance inaccurately states that the executrix is the only beneficiary, whereas the Will lists other beneficiaries, specifically [names of the beneficiaries].
Supporting Evidence:
- Reference to the Will: Highlighting the listed beneficiaries.
- Power of Attorney: Detailing the omitted assets.
- Last Three Digits of Decedent’s SSN and Driver’s License: [SSN last three digits] and [Driver’s license last three digits].
- Any additional documentation: Supporting the claims of discrepancies.
Request for Relief:
I respectfully request that the court:
*. Review the submitted inventory and affidavit of compliance.
*. Ensure all assets and beneficiaries are accurately represented.
*. Take appropriate actions to amend the probate application to reflect the correct information.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
---
Would you like more detailed information on the specific forms required for submission?

The objection to Inventory I can add the the other objection to insure no statute of limitations exist

Yes, you can combine objections to the inventory with other objections to ensure all discrepancies are addressed and no statute of limitations issues arise. Just make sure to clearly outline each objection in your filing.
Would you like more information on how to format and submit your combined objection?

Yes

To help you format and submit your combined objection, here’s a detailed template:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Grayson County Probate Court
[Court’s Address]
[City, State, ZIP Code]
Re: Objection to Application for Probate of Will and Codicil and Inventory
Estate of [Decedent’s Name], Case Number [Case Number]
Dear Honorable Judge,
I, [Your Name], respectfully submit this objection to the Application for Probate of Will and Codicil and the Inventory concerning the estate of [Decedent’s Name]. I am an interested party as [explain your relationship, e.g., an heir, beneficiary, etc.].
Grounds for Objection:
*. Discrepancies in Inventory:
- The inventory filed by the independent executrix, [Executrix’s Name], does not include several assets listed in the Power of Attorney (POA) executed by the decedent, such as [list specific assets].

*. Incorrect Beneficiary Information:
- The affidavit of compliance inaccurately states that the executrix is the only beneficiary, whereas the Will lists other beneficiaries, specifically [names of the beneficiaries].
*. Misrepresentation in Probate Application:
- The probate application fails to list surviving children accurately, despite the Will listing them as beneficiaries.
Supporting Evidence:
- Reference to the Will: Highlighting the listed beneficiaries.
- Power of Attorney: Detailing the omitted assets.
- Last Three Digits of Decedent’s SSN and Driver’s License: [SSN last three digits] and [Driver’s license last three digits].
- Any additional documentation: Supporting the claims of discrepancies.
Request for Relief:
I respectfully request that the court:
*. Review the submitted inventory and affidavit of compliance.
*. Ensure all assets and beneficiaries are accurately represented.
*. Take appropriate actions to amend the probate application to reflect the correct information, including a full and accurate listing of all beneficiaries and assets.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
---
Would you like more detailed information on specific forms or filing procedures for

I know she must be cited and served and I should serve her Attorney as well

You're right; serving the executrix and her attorney is crucial. Here's a concise guide:
*. File the Objection: Submit your combined objection to the court.
*. Serve Notices: Serve the executrix and her attorney with the objection and all supporting documents.
Would you like more detailed steps on the process of serving the executrix and her attorney?

The court will issue citation I just have to have them served

To serve the citation and ensure proper legal service:
*. File Objection: Submit your combined objection to the court and request a citation.
*. Serve Citation: Use a process server or sheriff to serve the citation and objection documents to the executrix and her attorney.
Would you need more details on how to hire a process server or fill out the necessary forms?

I just the sheriff always. I have an correction to inventory already cited and served I will see if the judge ends up including this with that show cause hearing

It seems like you've already made significant progress with your filings and corrections to the inventory. Given the complexities and the need to ensure accuracy in probate documents, here are some key points to keep in mind:

- Ensure all discrepancies are clearly outlined in your objections.
- Gather and organize all supporting evidence.
- Be prepared for the show cause hearing by reviewing all your documents and understanding your arguments.
Would you like advice on how to prepare for the show cause hearing or any additional legal forms?

I hopefully will have Attorney before the hearing. I am speaking to one now. I need council just trying to get it open

It sounds like you're on the right track and having an attorney before the hearing will be highly beneficial. Here’s a quick guide on what to do next:
- Ensure all documents and evidence are well-organized.
- Prepare your arguments clearly.
- Confirm with the court if your new objections will be included in the show cause hearing.
Would you like tips on what to discuss with your potential attorney to ensure they're fully prepared to help you?

He has reviewed everything but like most Attorneys they just look at the Will. The documents surrounding the Will is what is significant. I figured out how I was left out illegally

It sounds like you have a potentially strong case, especially since you have identified significant discrepancies and have supporting evidence. Here are some tips for discussing your case with your potential attorney to ensure they understand the importance of the documents surrounding the Will:
- Emphasize the Discrepancies: Clearly outline the discrepancies between the Will, the inventory, and the affidavit of compliance.
- Present Supporting Documents: Ensure your attorney reviews the Power of Attorney and any other relevant documents that show omitted assets or incorrect beneficiary information.
- Focus on Legal Grounds: Discuss the legal grounds for your objection, emphasizing how these discrepancies affect the rightful distribution of the estate.
- Prepare for the Hearing: Ensure your attorney is prepared to address these issues comprehensively during the show cause hearing.
Would you like additional details on specific questions to ask your attorney during your consultation?

The one thing about the Will they forgot to change is the clause. The Executrix is required to make distribution to his beneficiaries, his children during Administration without unreasonable postpone

It seems like you have a strong basis for your objections due to the discrepancies in the probate documents and potential mismanagement by the executrix. Here are a few points you can discuss with your attorney:
- Distribution Clause: Highlight the clause requiring the executrix to distribute to beneficiaries without unreasonable delay.
- Legal Obligations: Ensure the attorney understands the executrix's legal obligations under the Will and Texas Estate Code.
- Supporting Evidence: Make sure all your supporting documents are reviewed comprehensively, not just the Will.
Would you like more information on preparing for the show cause hearing or specific legal strategies?

I'm good for now.

It sounds like you have a strong case given the discrepancies in the probate documents and the executrix's potential mismanagement. Make sure to keep your documentation organized and communicate clearly with any legal representation you engage. Good luck with your hearing!

Do I need to include a cause of action

Yes, you should include a cause of action in your objection. This will clearly outline the legal basis for your challenge and provide the court with a structured argument. Here’s a brief overview:
- Cause of Action: Clearly state the legal grounds for your objection, such as failure to accurately list beneficiaries, omission of assets, or misrepresentation by the executrix.
Would you like a more detailed template that includes a cause of action?

Yes

Sure, here’s an updated template that includes a cause of action:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Grayson County Probate Court
[Court’s Address]
[City, State, ZIP Code]
Re: Objection to Application for Probate of Will and Codicil and Inventory
Estate of [Decedent’s Name], Case Number [Case Number]
Dear Honorable Judge,
I, [Your Name], respectfully submit this objection to the Application for Probate of Will and Codicil and the Inventory concerning the estate of [Decedent’s Name]. I am an interested party as [explain your relationship, e.g., an heir, beneficiary, etc.].

Grounds for Objection:
*. Discrepancies in Inventory:
- The inventory filed by the independent executrix, [Executrix’s Name], does not include several assets listed in the Power of Attorney (POA) executed by the decedent, suchas [list specific assets].
*. Incorrect Beneficiary Information:
- The affidavit of compliance inaccurately states that the executrix is the only beneficiary, whereas the Will lists other beneficiaries, specifically [names of the beneficiaries].
*. Misrepresentation in Probate Application:
- The probate application fails to list surviving children accurately, despite the Will listing them as beneficiaries.

Cause of Action:
Due to the above discrepancies, the executrix has potentially breached her fiduciary duty by:
- Failing to Distribute Assets: The executrix has not complied with the Will’s clause requiring the distribution of assets to the decedent’s children without unreasonable delay.
- Omitting Key Assets: The executrix has omitted significant assets from the inventory, which were listed in the POA.
- Misrepresenting Beneficiaries: The affidavit of compliance contains false statements about the beneficiaries.

Supporting Evidence:
- Reference to the Will: Highlighting the listed beneficiaries.
- Power of Attorney: Detailing the omitted assets.
- Last Three Digits of Decedent’s SSN and Driver’s License: [SSN last three digits] and **[Driver

So the objection to Inventory can list the cause of action in this complaint

Yes, the objection to the inventory can list the cause of action in your complaint. This can strengthen your case by clearly outlining the legal basis for your challenge. Here’s an updated template:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Grayson County Probate Court
[Court’s Address]
[City, State, ZIP Code]
Re: Objection to Application for Probate of Will and Codicil and Inventory
Estate of [Decedent’s Name], Case Number [Case Number]
Dear Honorable Judge,
I, [Your Name], respectfully submit this objection to the Application for Probate of Will and Codicil and the Inventory concerning the estate of [Decedent’s Name]. I am an interested party as [explain your relationship, e.g., an heir, beneficiary, etc.].
Grounds for Objection:
*. Discrepancies in Inventory:
- The inventory filed by the independent executrix, [Executrix’s Name], does not include several assets listed in the Power of Attorney (POA) executed by the decedent, such as [list specific assets].
*. Incorrect Beneficiary Information:
- The affidavit of compliance inaccurately states that the executrix is the only beneficiary, whereas the Will lists other beneficiaries, specifically [names of the beneficiaries].
*. Misrepresentation in Probate Application:
- The probate application fails to list surviving children accurately, despite the Will listing them as beneficiaries.
Cause of Action:
Due to the above discrepancies, the executrix has potentially breached her fiduciary duty by:
- Failing to Distribute Assets: The executrix has not complied with the Will’s clause requiring the distribution of assets to the decedent’s children without unreasonable delay.
- Omitting Key Assets: The executrix has omitted significant assets from the inventory, which were listed in the POA.
- Misrepresenting Beneficiaries: The affidavit of compliance contains false statements about the beneficiaries.
Supporting Evidence:
- Reference to the Will: Highlighting the listed beneficiaries.
- Power of Attorney: Detailing the omitted assets.
- Last Three Digits of Decedent’s SSN and Driver

The main complaint will have to be objection to Inventory the adding the other discrepancy

To address your situation effectively, here's how you can structure your main complaint as an objection to the inventory and add the other discrepancies:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Grayson County Probate Court
[Court’s Address]
[City, State, ZIP Code]
Re: Objection to Inventory and Application for Probate of Will and Codicil
Estate of [Decedent’s Name], Case Number [Case Number]
Dear Honorable Judge,
I, [Your Name], respectfully submit this objection to the Inventory and the Application for Probate of Will and Codicil concerning the estate of [Decedent’s Name]. I am an interested party as [explain your relationship, e.g., an heir, beneficiary, etc.].

Grounds for Objection:
*. Discrepancies in Inventory:
- The inventory filed by the independent executrix, [Executrix’s Name], does not include several assets listed in the Power of Attorney (POA) executed by the decedent, such as [list specific assets].
*. Incorrect Beneficiary Information:
- The affidavit of compliance inaccurately states that the executrix is the only beneficiary, whereas the Will lists other beneficiaries, specifically [names of the beneficiaries].
*. Misrepresentation in Probate Application:
- The probate application fails to list surviving children accurately, despite the Will listing them as beneficiaries.

Cause of Action:
Due to the above discrepancies, the executrix has potentially breached her fiduciary duty by:
- Failing to Distribute Assets: The executrix has not complied with the Will’s clause requiring the distribution of assets to the decedent’s children without unreasonable delay.
- Omitting Key Assets: The executrix has omitted significant assets from the inventory, which were listed in the POA.
- Misrepresenting Beneficiaries: The affidavit of compliance contains false statements about the beneficiaries.

Supporting Evidence:
- Reference to the Will: Highlighting the listed beneficiaries.
- Power of Attorney: Detailing the omitted assets.
- Last Three Digits of Decedent’s SSN and Driver’s License: [SSN last three digits] and **[Driver’s

Probate Application Discrepancies Explained

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