Contesting Probate Process
Summary
The users mother passed away and they are contesting the probate process in Texas. They believe their father is unfairly distributing their mothers assets, including property, automobiles, and jewelry. The user suspects their father is transferring property to their niece and giving away other assets. They have tried to seek legal aid but have faced challenges due to financial constraints and distance from services. The user is also dealing with a separate legal issue related to child support arrears in Maryland.Full Conversation
Contesting probate
What is your relationship to the deceased and why are you contesting the probate? In Texas, interested parties can contest a will during the probate process.
Mother my fater and me hate each other he is keeping or doing as he likes with everything and i cant do anything bc i cant find or get help
What specific actions has your father taken that you believe are unfair or illegal?
In Texas, you can contest a will if you believe it's invalid due to undue influence, fraud, or lack of testamentary capacity.
In Texas, you can contest a will if you believe it's invalid due to undue influence, fraud, or lack of testamentary capacity.
No will
What assets are involved in the probate process?
In Texas, if there's no will, the state's intestacy laws will determine how the deceased's assets are distributed.
In Texas, if there's no will, the state's intestacy laws will determine how the deceased's assets are distributed.
Property automobiles jewelry ect
What is the estimated value of the assets involved? In Texas, if the estate's value is less than $*,*, excluding homestead and exempt property, a simpler process called "small estate affidavit" may be used.
Im not sure but i know he is doing somethimg
What evidence do you have of your father's actions? In Texas, you may need to provide proof of wrongdoing to successfully contest probate.
Idk
What steps have you taken so far to address this issue?
Tried over and over talking to him nothing he has someone doing someing just not sure what
Have you considered hiring a probate attorney to help you with this matter? In Texas, probate attorneys can help you understand your rights and navigate the probate process.
I dont have any money thats another reason hes doing this he knows i cant do anything
Have you looked into legal aid services in Texas? They often provide free or low-cost legal assistance to those who can't afford an attorney.
Yea many
What was your experience with the legal aid services you tried? In Texas, there are organizations like Texas Legal Services Center that offer free legal help to low-income individuals.
They couldnt help or was to far away
What is your location in Texas? There might be local legal aid services or law schools with legal clinics that could assist you.
I alpealed it same thing
What city or county are you located in Texas? This will help me provide you with the contact details of the nearest court or legal aid services.
* u
I'm sorry, but "* u" doesn't seem to be a valid city or county in Texas. Could you please provide your correct location?
*
The nearest court to you is the Newton County District Court, located at * Court St, Newton, TX *. Their contact number is (*) *-*.
Ive went and talked to them they couldnt or wouldnt help
I'm sorry to hear that. Have you tried reaching out to the State Bar of Texas Lawyer Referral Service? They might be able to assist you.
Also was told i needed a lawyer
What is the reason you were told you needed a lawyer? In Texas, a lawyer can help you understand your rights, gather evidence, and represent you in court.
For the probate
What is the status of the probate process currently? In Texas, probate must be filed within 4 years of the person's death. After that, the estate is distributed as if there was no will.
My dad has given things away that was my moms before they were married
What proof do you have that these items belonged to your mother before their marriage? In Texas, property acquired before marriage is considered separate property and should go to the surviving spouse or children.
She died july * of this year
I'm sorry for your loss. Do you have any documents or witnesses that can confirm these items belonged to your mother before her marriage to your father?
The property is still in her last married name
Do you have a copy of the property deed or any other document that shows the property is in your mother's maiden name?
Yea i looked it up already
What does the document say about the ownership of the property? In Texas, property owned before marriage is considered separate property and should go to the surviving spouse or children.
She owns it and has her old married name on ir
In Texas, property owned before marriage is considered separate property. If your mother owned it under her maiden name, it should go to the surviving spouse or children.
Ok my dad but he dont have a rigjt to give it away or he shouldnt be able to have everything from when they wasnt together
What steps has your father taken regarding the property? In Texas, separate property cannot be given away without the owner's consent.
Idk i just know hes doing something
What specific actions has your father taken that make you believe he's mishandling your mother's property?
I was told it was being put into my nieces name
What proof do you have that the property is being transferred to your niece's name?
He told me so they could sell it
Who told you that the property is being transferred to your niece's name for selling?
My dad
What steps have you taken to prevent the sale of the property?
I dont have money ive contacted many legal help but none have tried
Have you tried contacting the Texas Legal Services Center or any other pro bono legal services? They often provide free legal help to those who can't afford an attorney.
Not sure if i have them but ive tried many
Have you considered reaching out to the Legal Aid of Northwest Texas? They provide free legal assistance to low-income residents. Their contact number is *-*-*-*.
Ok
Have you contacted the Legal Aid of Northwest Texas? They provide free legal assistance to low-income residents. Their contact number is *-*-*-*.
- In Texas, separate property cannot be given away without the owner's consent.
- The nearest court to you is the Newton County District Court, located at * Court St, Newton, TX *. Their contact number is (*) *-*.
- In Texas, separate property cannot be given away without the owner's consent.
- The nearest court to you is the Newton County District Court, located at * Court St, Newton, TX *. Their contact number is (*) *-*.
Idk i have a list from lone star legal aid and another list from someone who called to say they couldnt help
What is the nature of the assets that your father is allegedly giving away?
Can i have that number as well please
The contact number for Legal Aid of Northwest Texas is *-*-*-*. They provide free legal assistance to low-income residents.
Im not sure it has a new home on it but her jewelry collection was much more valuable
What evidence do you have that your mother's jewelry collection was given away or sold without your consent?
My aunt had one of my moms rings on
Do you have any proof or witnesses that can confirm your aunt received the ring from your father?
She said it was hers and my dad told her to take it hes given stuff to my nephew as weell i have screen shots of texts
What does the text message say about the distribution of your mother's belongings? In Texas, separate property should go to the surviving spouse or children.
That my dad gave it to him
What specific items did your father give to your nephew according to the text messages?
My dad has also say he owed he money for the stuff
What kind of stuff did your father say he owed money for?
The things he got i dont remember but it was alot
What proof do you have that your father owes money for the items he gave away?
My nephew owes money to my father screen shots where i asked him about the the stuff
What is the nature of the items your nephew owes money for, according to the screenshots?
I dont remember exactly bc it was alot i asked my nephews girl friend first she told me i have screen shots and then i asked him
What do the screenshots from your nephew's girlfriend say about the items your father gave away?
Some of what was given to them
What specific items were mentioned in the screenshots from your nephew's girlfriend?
At first just a couple with her then when i asked my dad it turned out to be more and when i asked my nephew about it he acknowledged it
What specific items did your nephew acknowledge receiving from your father?
I would have to look
Could you please provide the details of the items your nephew acknowledged receiving from your father when you get a chance to look at it?
Yes i could my aunt and the ring shr had come to tell me they was putting the land and hoise in my nieces name later when i jammed my dad up he said. So they could sell it
What proof do you have that the land and house are being put in your niece's name? In Texas, property cannot be transferred without a deed or a court order.
My aunt and dad has told me this
What steps have you taken after learning that the land and house are being transferred to your niece's name?
Legal aid and assistance
What specific legal aid and assistance have you sought after learning about the transfer of the property to your niece's name?
Lone star was my first they said they couldnt help sent me a letter i appealed and they said since along time ago there was something against me idk what that they couldnt help since then about * to * other calls i made
What was the reason given by Lone Star for not being able to assist you? In Texas, property cannot be transferred without a deed or a court order.
Bc of something along time ago
What was the nature of the issue that Lone Star mentioned from a long time ago?
I think um i dont remember i have the letter
Could you please share the details mentioned in the letter from Lone Star? It will help me understand why they couldn't assist you.
I aslo called and talked to them a ciuole times
Im looking give me s sec
Sure, take your time. I'm here to help.
Got it
What specific reasons did Lone Star Legal Aid provide in their letter for not being able to assist you?
This was the appeal conflict of intrest
What was the conflict of interest mentioned in the appeal letter from Lone Star Legal Aid?
No so i called they told me due that there was something along time ago they couldnt help
Could you please clarify what the "something" from a long time ago was? It might be relevant to your current situation.
She didnt say i assue some body was going to sue me or something
What is the nature of the conflict of interest mentioned in the appeal letter from Lone Star Legal Aid?
Like 20 years or more
The lady just said something along time ago with me being mentioned they couldnt help me
What was the exact wording of the conflict of interest mentioned in the Lone Star Legal Aid's letter?
They said
What is the exact wording of the conflict of interest mentioned in the Lone Star Legal Aid's letter?
In no way reflectson the possible merits of my case our desision is based only on ethical considerations required for for proper practice of the law
What was the legal issue you had 20 years ago that might be causing a conflict of interest now?
Maybe child support
What is the status of your child support case? In Texas, child support obligations generally continue until the child turns * or graduates from high school, whichever occurs later.
Only thing i can think of
What is the current status of your child support obligations?
Maryland
And it is a long stofy
What is the current status of your child support case in Maryland?
Maryland is the state
I owe back
What is the total amount of child support arrears you owe in Maryland?
But i dont feel i dhould just be the one paying that either
Why do you believe you shouldn't be the only one responsible for the child support arrears?
Again its. Along story idk
My babys mom was placed under arrest for family violence
What actions have been taken regarding the custody of your child after the arrest of your baby's mom for family violence?
I went to court her mother was given custody of my son
What was the reason given by the court for granting custody to your son's grandmother? In Texas, grandparents can be granted custody if it's in the best interest of the child.
Best intrest at the time wasnt a isue and i paid it for some year
What is the current status of your child support payments? Are you still required to make payments?
They are trying to do something ive called maryland talked to the county clear they hav it on file where her mom had got custody but the rest was held some where else bc it was so old
What specific actions are they trying to take regarding your child support case in Maryland?
I think to court sueing me
What is the nature of the lawsuit they are trying to file against you in relation to the child support case?
Not su re e
What is the current status of your child support case in Maryland?
Not sure was just made aware
What specific information were you made aware of regarding your child support case in Maryland?
They say i owe
I dont have a issue but i shouldnt be the only one who owes
Why do you believe you shouldn't be the only one responsible for the child support arrears?
Bc her mother had my son she should have the responsibly as well
What actions have been taken by your son's grandmother regarding the child support payments since she was granted custody?
None i know of just the mother
What is the current age of your son? In Texas, child support generally continues until the child turns * or graduates from high school, whichever occurs later.
And ive told texas they say i have to provide that stuff
What specific documents or proof has Texas asked you to provide regarding your child support case?
*
I talked to texas and they told meni had to provide the court stuff from maryland
What specific court documents from Maryland has Texas asked you to provide?
I was like u the ones doing it tho
What specific court documents from Maryland are you required to provide to Texas?
Where her mother had temp custody
Texas is the ones taking me to court for maryland
What specific actions has Texas taken to bring you to court on behalf of Maryland for the child support case?
They told me i had to get the court info
What court information are you required to provide for your child support case?
Where babys mom had got temp custody
What is the current status of the temporary custody granted to your child's grandmother?
Idk it didnt say at the clerck bc it was to old just that there was a case and that her mother was awarded
What is the current status of your relationship with your child's mother and grandmother?
None they had me locked up for tresspassi g for trying to c my son
What were the circumstances leading to your arrest for trespassing? In Texas, trespassing is a criminal offense and penalties can vary depending on the specifics of the incident.
I left came to t
What was the outcome of your trespassing case?
Wanted to c my sone before i left for t
What was the outcome of your trespassing case? In Texas, trespassing can result in a fine, jail time, or both depending on the severity of the offense.
Time served
Time served
This was in maryland
What was the duration of your sentence for the trespassing case in Maryland?
Few days not sure was along time ago
Maryland was where this took place
My son was born in tx we moved back to maryland
What is the current legal issue you are facing in Texas?
Civail suit maybe as far as i know but i need a probate lawyer
What is the nature of the civil suit you are facing? In Texas, probate lawyers can assist with estate planning, wills, trusts, and the probate process.
Being behind or whats owed
What is the nature of the debt you're behind on? In Texas, the statute of limitations for debt collection is generally 4 years.
Child support
Trying to get childsupport past due fromvme
What is the total amount of child support arrears you owe? In Texas, child support enforcement actions can be taken for unpaid child support including wage garnishment, liens on property, suspension of licenses, and even jail time.
From me
Idk alot bc of intrest
What is the total amount of child support arrears, including interest, that you owe?
In Texas, child support enforcement actions can include wage garnishment, liens on property, suspension of licenses, and even jail time.
In Texas, child support enforcement actions can include wage garnishment, liens on property, suspension of licenses, and even jail time.
Idk i would have to look
Could you please provide the total amount of child support arrears, including interest, when you get a chance to look at it?
Can u tell me what u think about this
min.... I get out I call Kevin dutton my public defender at the time not district attorney I say and explain who I am and what just happened he then says he vaguely remembers but I shouldn't have to register that ended that so I get a public defend for both trials in La the dirstrcit attorney goes on record and in front of the judge he will not go against a judges order from another state and I plead out to trespassing in TX I meet with my public defender he says what am I talking about bc I tried to tell him what was going on and showed him my judgement he looks at me wide smile happy as can be says I'll never step foot in to the court room to get out of jail I 30 days later I plead out to lying to a peace officer not recently I'm fucked up bc I have to register that my rights to a trial have been taken how I was lied to and told I wouldn't have to register but have since being released I buck and when I go in there's a new intake office so I tell her she says she will get back. With me lol yesterday district attorney and head of DPS come to my home for a complimce inspection I need help my rights have been taken from me when they offered a deal they didn't intend to with hold by taking my right to a trial then they don't hold up there end even tho they sign d the.same paper my public defender did.anf judge did ive been harassed arrested for things that dont even apply to me i need help
What specific charges were you convicted of in Texas and Louisiana?
I went to court and made a deal my public defender at the time who is now district attorney for San janisito county TX I was to serve 8 years made parole and was released 9 months early when I come home I go to register at the sheriff's office at the time was the daughters of the depute sheriff at the time Ms hall was doing my.intake it that time I brought to her attention that I didn't have to register and she more than agreed bc she then in turn called the supervisor of patrol in Orange TX Ms Peachtree I sat and listened to them say " Hall why are u making mister stouffer register"Peachtree untill he is off parole he.has to register as part of his parole after the conversation was done ms Hall then advised me of the fact that dhe.eould take my.name.out the registry the day I completed my parole a month or two later some things happen and she.and.her mother as well as some other depute s went to jasper I get off of parole and go in to get my name taken out when the new replacement intack officer Ms Glenda told me she wasn't taking my name out and if I didn't register or comply I would be locked up I almost lost it then and didn't know what to do a ple with my name the judges my public defenders and the.distict attorneys name all on the judgement files at the.sheriff department do I went.to LA to visit with a friend and find out what I should do we came back and.got my car that needed fixed and I went there to stay.for a week or two in that.time LA police run up in his house.and.arrest me for not.regersting i make bond come back to TX get.arrested again for failure to comply exact time I went in front of the judge for bond I state to LA judge.i dont.have to register I have it on file with the.clercks of courts at.the.poilce station in newton and have.one in bon wier the judge says interesting u case will be herd in my court room that he.was looking forward to hearing sets bond at the min...I go in front of the judge in newton when i tell him u locking me up for
something im order by another judge not to have to do its on file go look please as he gets up ms glenda yell ur honnor they put that.on everyones paper i say.judge they font and if they did they still have to honnor it he sets bond at the min.... I get out I call Kevin dutton my public defender at the time not district attorney I say and explain who I am and what just happened he then says he vaguely remembers but I shouldn't have to register that ended that so I get a public defend for both trials in La the dirstrcit attorney goes on record and in front of the judge he will not go against a judges order from another state and I plead out to trespassing in TX I meet with my public defender he says what am I talking about bc I tried to tell him what was going on and showed him my judgement he looks at me wide smile happy as can be says I'll never step foot in to the court room to get out of jail I 30 days later I plead out to lying to a peace officer not recently I'm fucked up bc I have to register that my rights to a trial have been taken how I was lied to and told I wouldn't have to register but have since being released I buck and when I go in there's a new intake office so I tell her she says she will get back. With me lol yesterday district attorney and head of DPS come to my home for a complimce inspection I need help my rights have been taken from me when they offered a deal they didn't intend to with hold by taking my right to a trial then they don't hold up there end even tho they sign d the.same paper my public defender did.anf judge did ive been harassed arrested for things that dont even apply to me i need help
What was the original crime you were convicted for that required you to register?
I topk a plea bargin to sexual assual
What were the terms of your plea bargain regarding the sexual assault charge in Texas?
On the terms i wouldnt have to register
Took a plea
I took a plea to sexual assualt on the terms i wouldnt have to register its on my court papers
What is the exact wording in your court papers regarding the terms of your plea bargain and the requirement to register?
Sex offender registration requirements do not apply to the defendant
What is the current status of your registration requirement? Are you still being asked to register despite the terms of your plea bargain?
Yes read the story
I just registered
What specific actions have been taken against you for not registering as a sex offender?
Ive been to jail twice
Alot called my public its all im the what i sent u
I went to court and made a deal my public defender at the time who is now district attorney for San janisito county TX I was to serve 8 years made parole and was released 9 months early when I come home I go to register at the sheriff's office at the time was the daughters of the depute sheriff at the time Ms hall was doing my.intake it that time I brought to her attention that I didn't have to register and she more than agreed bc she then in turn called the supervisor of patrol in Orange TX Ms Peachtree I sat and listened to them say " Hall why are u making mister stouffer register"Peachtree untill he is off parole he.has to register as part of his parole after the conversation was done ms Hall then advised me of the fact that dhe.eould take my.name.out the registry the day I completed my parole a month or two later some things happen and she.and.her mother as well as some other depute s went to jasper I get off of parole and go in to get my name taken out when the new replacement intack officer Ms Glenda told me she wasn't taking my name out and if I didn't register or comply I would be locked up I almost lost it then and didn't know what to do a ple with my name the judges my public defenders and the.distict attorneys name all on the judgement files at the.sheriff department do I went.to LA to visit with a friend and find out what I should do we came back and.got my car that needed fixed and I went there to stay.for a week or two in that.time LA police run up in his house.and.arrest me for not.regersting i make bond come back to TX get.arrested again for failure to comply exact time I went in front of the judge for bond I state to LA judge.i dont.have to register I have it on file with the.clercks of courts at.the.poilce station in newton and have.one in bon wier the judge says interesting u case will be herd in my court room that he.was looking forward to hearing sets bond at the min...I go in front of the judge in newton when i tell him u locking me up for
something im order by another judge not to have to do its on file go look please as he gets up ms glenda yell ur honnor they put that.on everyones paper i say.judge they font and if they did they still have to honnor it he sets bond at the min.... I get out I call Kevin dutton my public defender at the time not district attorney I say and explain who I am and what just happened he then says he vaguely remembers but I shouldn't have to register that ended that so I get a public defend for both trials in La the dirstrcit attorney goes on record and in front of the judge he will not go against a judges order from another state and I plead out to trespassing in TX I meet with my public defender he says what am I talking about bc I tried to tell him what was going on and showed him my judgement he looks at me wide smile happy as can be says I'll never step foot in to the court room to get out of jail I 30 days later I plead out to lying to a peace officer not recently I'm fucked up bc I have to register that my rights to a trial have been taken how I was lied to and told I wouldn't have to register but have since being released I buck and when I go in there's a new intake office so I tell her she says she will get back. With me lol yesterday district attorney and head of DPS come to my home for a complimce inspection I need help my rights have been taken from me when they offered a deal they didn't intend to with hold by taking my right to a trial then they don't hold up there end even tho they sign d the.same paper my public defender did.anf judge did ive been harassed arrested for things that dont even apply to me i need help
Please read it carfully
It has it in there i talked to yea alot
What specific actions have been taken against you for not registering as a sex offender despite the terms of your plea bargain?
Been locked up 2x
Arrested
Ive been locked up twice once in texas and once in Louisiana
What were the charges for your arrests in Texas and Louisiana?
One for not regenerating and one for failure to comply
Not Registering and one for failure to comply
What were the consequences of these charges for not registering and failure to comply?
Louisiana said they wouldnt go against a judges order from another state plead to tresspassing
Texas i plead out to lying to a peace officer to get out of jail
What were the terms of your sentence for lying to a peace officer in Texas?
They would drop the failure to comply
They would drop the charge of failing to comply with sex offender registration
Even tho my public deffender when i showed him my court orderr said i wouldnt
What part everything ur asking menis in what i sent u
What specific actions have been taken against you for not registering as a sex offender despite the terms of your plea bargain?
I have been locked up twice aginbits in what i sent
Jailed two times
What part
What were the specific charges for each of the two times you were jailed?
Again its in what i sent u texas failure to comply with sex offender registration requirements Louisiana failurer to register as a sex offender
Texas failure to comply with sex offender registration
Louisiana failure to register as a sex offender
What were the consequences of these charges for not registering as a sex offender in Louisiana and failure to comply in Texas?
Pleas
Texas ple to lying to a peace officer
Texas plea bargin
Omg