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Trust Beneficiary Legal Strategy
Summary
Beneficiaries can contest executrix actions in probate cases. District courts generally handle trust disputes, especially for high-value estates. To respond to a Docket Control Order, file a motion to modify or object. Consider filing a request under Section 115.001 of the Texas Property Code to transfer jurisdiction to district court. Ensure filings are timely and follow procedural requirements. Both parties must sign a Quitclaim deed involving community property in front of a notary. Consider hiring an attorney for complex filings and request legal fee reimbursement under Texas Property Code Section 352.052.Full Conversation
I am a Trust Beneficiary, I filed a complaint for objection to Inventory in the district court because it's a Trust estate, they transferred it to the county court of Law. I also filed another complaint for Additional inventory missing and a Failure to Notify beneficiaries complaint. The independent executrix never filed notices, never filed the estate inventory only the land and mischaracterized it. The probate court has allowed her to get away with a * million dollar estate that was my father's. Now instead of a show cause hearing they sent a Docket control order hoping I don't understand what I am looking at. It's a lawsuit with Level * discovery. If I do anything they will dismiss the case for unauthorized practice of Law. So I am filing a request for a *.* proceeding in my district court in my county that will supercede the county court since they have no jurisdiction to do that
****, it sounds like you have a complex situation involving probate and trust law. Here’s some general information that might help:
- Trust Disputes: Beneficiaries can contest actions of the executrix.
- Jurisdiction: District courts generally handle trust disputes.
- Docket Control Order: This outlines deadlines and procedures for your case.
Is your main concern understanding the Docket Control Order or ensuring your filing is in the correct court?
- Trust Disputes: Beneficiaries can contest actions of the executrix.
- Jurisdiction: District courts generally handle trust disputes.
- Docket Control Order: This outlines deadlines and procedures for your case.
Is your main concern understanding the Docket Control Order or ensuring your filing is in the correct court?
how do I respond to the Docket control order to dispute it
To respond to a Docket Control Order, you typically need to file a motion to modify or object to the order. Here are the general steps:
- Review the Order: Understand the deadlines and requirements.
- Draft a Motion: State your objections and reasons clearly.
- File the Motion: Submit it to the court that issued the Docket Control Order.
What's your specific concern or main point of dispute with the Docket Control Order?
- Review the Order: Understand the deadlines and requirements.
- Draft a Motion: State your objections and reasons clearly.
- File the Motion: Submit it to the court that issued the Docket Control Order.
What's your specific concern or main point of dispute with the Docket Control Order?
It's was just ordered
To respond to a newly issued Docket Control Order, you should:
- Review the Order: Carefully read through all the deadlines and requirements.
- Draft a Motion: Clearly state your objections, reasons, and any proposed changes.
- File the Motion: Submit it to the relevant court.
Is there a specific part of the Docket Control Order that you find particularly problematic or confusing?
- Review the Order: Carefully read through all the deadlines and requirements.
- Draft a Motion: Clearly state your objections, reasons, and any proposed changes.
- File the Motion: Submit it to the relevant court.
Is there a specific part of the Docket Control Order that you find particularly problematic or confusing?
I am not the only Beneficiaries I cannot file anything but a motion to change
****, it seems like you're in a tricky situation. To proceed, you might consider filing a motion to modify the Docket Control Order. Since you're not the only beneficiary, you should:
- Consult other beneficiaries.
- Possibly seek a meeting with the executrix.
- Consider hiring an attorney if the situation becomes too complex.
Would you like more information on drafting the motion or specific guidance on probate law in your state?
- Consult other beneficiaries.
- Possibly seek a meeting with the executrix.
- Consider hiring an attorney if the situation becomes too complex.
Would you like more information on drafting the motion or specific guidance on probate law in your state?
The Executrix and my sister are colluding. My thought is to file the *.* request and it will supercede the county court
****, this sounds like a significant legal issue. Filing a request under Section *.* of the Texas Property Code to transfer the case to district court could be a strategic move. Here are some key points to consider:
- Jurisdiction: District courts generally have broader authority over trust matters than county courts.
- Supervision: This could ensure more rigorous judicial oversight.
- Procedure: Ensure that your filing is timely and follows all procedural requirements.
Would you like more details on how to file this request or any other specific guidance?
- Jurisdiction: District courts generally have broader authority over trust matters than county courts.
- Supervision: This could ensure more rigorous judicial oversight.
- Procedure: Ensure that your filing is timely and follows all procedural requirements.
Would you like more details on how to file this request or any other specific guidance?
I'm not transferring it , it is the proper jurisdiction not the county court of Law, level * discovery is *,* maximum, this is a * million dollar estate
****, it seems you have a strong case, and understanding the correct jurisdiction is crucial. To proceed, you might consider filing a motion to clarify jurisdiction and object to the Docket Control Order. Ensure that your filing includes:
- Jurisdictional arguments
- Details of the estate's value
- Request for appropriate discovery level
Would you like more detailed guidance on drafting this motion?
- Jurisdictional arguments
- Details of the estate's value
- Request for appropriate discovery level
Would you like more detailed guidance on drafting this motion?
I cannot file anything or they will dismiss. I have to file the other action first. They have colluded with her and with the other court I can show the prima facie evidence
****, it sounds like you have a complex and potentially strong case. Given the collusion and the need to show prima facie evidence, you might want to focus on gathering all necessary documents and evidence for your *.* filing.
Is there a specific document or piece of evidence you need help with in preparing your filing?
Is there a specific document or piece of evidence you need help with in preparing your filing?
I have it, it's because I investigated the actions and filings, it's all her own documents and my parents divorce decree, they thought I would never drive to Grayson County Texas because my sister had a Will that was fraud, I do not have the copy she showed me
****, it sounds like you're well-prepared with evidence but missing a critical document. To strengthen your *.* filing, consider these steps:
- Request a Copy of the Will: File a formal request with the probate court in Grayson County for a copy of the will your sister presented.
- Document Your Investigation: Compile all evidence, including your parents' divorce decree and any filings.
Is there a specific form or procedural step you need help with next?
- Request a Copy of the Will: File a formal request with the probate court in Grayson County for a copy of the will your sister presented.
- Document Your Investigation: Compile all evidence, including your parents' divorce decree and any filings.
Is there a specific form or procedural step you need help with next?
that wasn't the Will probated
****, it seems like you're in a complicated legal battle with significant stakes. Here are some steps to consider:
- Verify Probate Records: Ensure the will on file matches the one presented by your sister.
- Gather Evidence: Continue compiling evidence of any discrepancies and collusion.
- File *.* Request: Prepare your *.* filing meticulously, emphasizing jurisdiction and evidence.
Would you like more information on what to include in the *.* filing?
- Verify Probate Records: Ensure the will on file matches the one presented by your sister.
- Gather Evidence: Continue compiling evidence of any discrepancies and collusion.
- File *.* Request: Prepare your *.* filing meticulously, emphasizing jurisdiction and evidence.
Would you like more information on what to include in the *.* filing?
She will never show that Will again. , nobody will communicate with me. My father's Will in probate is fine
****, given your situation, it’s crucial to focus on your *.* filing and ensure it’s robust. Here are some key points:
- Emphasize jurisdiction in your filing.
- Detail any evidence of collusion and discrepancies.
- Highlight the value of the estate.
Do you need guidance on any specific documents or procedural steps for your *.* filing?
- Emphasize jurisdiction in your filing.
- Detail any evidence of collusion and discrepancies.
- Highlight the value of the estate.
Do you need guidance on any specific documents or procedural steps for your *.* filing?
My father in his Will which is a pour-over Will required a Federal Estate Tax Proceeding for valuation to determine the distributions so that is great
****, it sounds like you're dealing with a complicated probate situation. Here are some key points to consider for your *.* filing:
- Jurisdiction: Highlight that the District Court is the proper venue due to the estate's value ($* million).
- Evidence: Include any evidence of discrepancies and collusion.
- Federal Estate Tax Proceeding: Mention that the Will requires a Federal Estate Tax Proceeding for proper valuation.
Would you like more specific guidance on the procedural steps for filing your *.* request?
- Jurisdiction: Highlight that the District Court is the proper venue due to the estate's value ($* million).
- Evidence: Include any evidence of discrepancies and collusion.
- Federal Estate Tax Proceeding: Mention that the Will requires a Federal Estate Tax Proceeding for proper valuation.
Would you like more specific guidance on the procedural steps for filing your *.* request?
I have it all. The land is still in probate after 12years and deeds in my father's name. She just filed a Quitclaim deed from my mother from 35 years ago. All forged
****, this sounds like a serious issue involving potential forgery and complex probate matters. Here are some steps you might consider:
- Challenge the Quitclaim Deed: File a motion to challenge the validity of the Quitclaim deed based on forgery claims.
- *.* Filing: Proceed with your *.* request to ensure the case is in the proper jurisdiction.
- Evidence Compilation: Gather all documents, including the deed, your parents' divorce decree, and any other relevant filings.
Would you like guidance on challenging the Quitclaim deed or anything specific about your *.* filing?
- Challenge the Quitclaim Deed: File a motion to challenge the validity of the Quitclaim deed based on forgery claims.
- *.* Filing: Proceed with your *.* request to ensure the case is in the proper jurisdiction.
- Evidence Compilation: Gather all documents, including the deed, your parents' divorce decree, and any other relevant filings.
Would you like guidance on challenging the Quitclaim deed or anything specific about your *.* filing?
I went to the Dallas court and got deeds and her will to show the forgery. I'm filing it with the police first
****, it sounds like you are taking the right steps by gathering evidence of forgery. Here are some key points for your next steps:
- File with Police: Ensure you present all evidence clearly.
- *.* Filing: Proceed with your filing to establish jurisdiction.
- Challenge Forgery: Use gathered evidence to challenge any forged documents.
Would you like guidance on any specific procedural step for the police filing or your *.* request?
- File with Police: Ensure you present all evidence clearly.
- *.* Filing: Proceed with your filing to establish jurisdiction.
- Challenge Forgery: Use gathered evidence to challenge any forged documents.
Would you like guidance on any specific procedural step for the police filing or your *.* request?
In a Quitclaim deed if it's part of community property in a divorce. If one party wants to relinquish their rights later after the divorce, since they are both Grantors they have to sign the deed in front of a notary together
****, in Texas, both parties listed as grantors on a Quitclaim deed involving community property must indeed sign the deed in front of a notary. This ensures the deed's validity and proper execution.
Would you like more information on the implications of the Quitclaim deed on your case or any specific procedural steps?
Would you like more information on the implications of the Quitclaim deed on your case or any specific procedural steps?
Yes
****, it sounds like you have a solid understanding of the implications of the Quitclaim deed and the need for notarial signatures. Here are some key points to consider:
- Validity: The Quitclaim deed must be signed by both parties in front of a notary.
- Implications: If improperly executed, the deed may be invalid.
- Evidence: Use this in your *.* filing to challenge the deed's validity.
Would you like specific guidance on how to integrate this into your filing or any other procedural steps?
- Validity: The Quitclaim deed must be signed by both parties in front of a notary.
- Implications: If improperly executed, the deed may be invalid.
- Evidence: Use this in your *.* filing to challenge the deed's validity.
Would you like specific guidance on how to integrate this into your filing or any other procedural steps?
Yes
****, here's how you can integrate the Quitclaim deed issue into your *.* filing:
- Validity: Emphasize that the Quitclaim deed lacks proper notarial signatures from both grantors.
- Implications: Argue that the deed should be considered invalid due to improper execution.
- Evidence: Attach all relevant documents, including the forged deed and any supporting evidence you have gathered.
Would you like more detailed guidance on drafting your *.* filing?
- Validity: Emphasize that the Quitclaim deed lacks proper notarial signatures from both grantors.
- Implications: Argue that the deed should be considered invalid due to improper execution.
- Evidence: Attach all relevant documents, including the forged deed and any supporting evidence you have gathered.
Would you like more detailed guidance on drafting your *.* filing?
The *.* filing will list the inventory filed with the Federal Estate Tax Proceeding assets in Will. The failure to notify and distribute. My request is to clarify the status and invoke the court to act
****, it looks like you have a strong case to proceed with your *.* filing. Here are some key points to include:
- Inventory Filed: List all assets, including those in the Federal Estate Tax Proceeding.
- Failure to Notify: Document the executrix's failure to notify beneficiaries.
- Failure to Distribute: Highlight any failure to distribute assets appropriately.
- Request for Action: Clearly state your request for the court to act.
Would you like more specific guidance on drafting or any other procedural steps?
- Inventory Filed: List all assets, including those in the Federal Estate Tax Proceeding.
- Failure to Notify: Document the executrix's failure to notify beneficiaries.
- Failure to Distribute: Highlight any failure to distribute assets appropriately.
- Request for Action: Clearly state your request for the court to act.
Would you like more specific guidance on drafting or any other procedural steps?
She filed a Affidavit of Compliance claiming to be the only surviving beneficiary
****, here are some key points and steps you can consider in your *.* filing, especially in light of the Affidavit of Compliance:
- Affidavit of Compliance: Highlight that the executrix falsely claimed to be the only surviving beneficiary.
- Jurisdiction: Emphasize the District Court's proper jurisdiction due to the estate's value.
- Evidence: Attach all relevant evidence, including the forged Quitclaim deed, your parents' divorce decree, and any other documents.
- Failure to Notify/Distribute: Detail the executrix's failures in these areas.
- Request for Action: Clearly state your request for the court to take appropriate action.
Would you like more detailed guidance on drafting any specific sections of your filing or any other procedural steps?
- Affidavit of Compliance: Highlight that the executrix falsely claimed to be the only surviving beneficiary.
- Jurisdiction: Emphasize the District Court's proper jurisdiction due to the estate's value.
- Evidence: Attach all relevant evidence, including the forged Quitclaim deed, your parents' divorce decree, and any other documents.
- Failure to Notify/Distribute: Detail the executrix's failures in these areas.
- Request for Action: Clearly state your request for the court to take appropriate action.
Would you like more detailed guidance on drafting any specific sections of your filing or any other procedural steps?
A template
****, here’s a simplified template for your *.* filing based on the information provided:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[District Court Name]
[Court Address]
[City, State, Zip Code]
Re: Request for *.* Proceeding
Case No.: [Your Case Number]
Honorable Judge [Judge’s Name],
Introduction:
I, [Your Name], a beneficiary of the [Name of Trust], respectfully submit this request under Section *.* of the Texas Property Code to transfer jurisdiction from the County Court to the District Court due to the estate's complexity and value.
*. Jurisdiction:
- The estate’s total value is approximately $* million.
- The District Court has broader authority and is the proper venue for this case.
*. Inventory Filed:
- List of assets included in the Federal Estate Tax Proceeding.
- Assets mentioned in my father’s Will.
*. Failure to Notify Beneficiaries- The executrix failed to notify all beneficiaries, violating probate requirements.
- Affidavit of Compliance falsely claiming to be the only surviving beneficiary.
*. Failure to Distribute Assets:
- The executrix has not distributed assets as specified in the Will.
- Highlight any instances of mismanagement or mischaracterization of assets.
*. Evidence of Collusion and Fraud:
- Attach the forged Quitclaim deed.
- Include your parents' divorce decree.
- Provide any other relevant documents you have gathered.
*. Request for Action:
- Request the court to take immediate action to ensure proper distribution of the estate.
- Request a thorough review of the executrix’s actions and any fraudulent activities.
Conclusion:
For the reasons stated above, I respectfully request the District Court to assume jurisdiction over this matter and take appropriate action to ensure the fair and lawful administration of the estate.
Sincerely,
[Your Name]**
---
Would you like more detailed guidance on any specific sections or additional procedural steps?
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[District Court Name]
[Court Address]
[City, State, Zip Code]
Re: Request for *.* Proceeding
Case No.: [Your Case Number]
Honorable Judge [Judge’s Name],
Introduction:
I, [Your Name], a beneficiary of the [Name of Trust], respectfully submit this request under Section *.* of the Texas Property Code to transfer jurisdiction from the County Court to the District Court due to the estate's complexity and value.
*. Jurisdiction:
- The estate’s total value is approximately $* million.
- The District Court has broader authority and is the proper venue for this case.
*. Inventory Filed:
- List of assets included in the Federal Estate Tax Proceeding.
- Assets mentioned in my father’s Will.
*. Failure to Notify Beneficiaries- The executrix failed to notify all beneficiaries, violating probate requirements.
- Affidavit of Compliance falsely claiming to be the only surviving beneficiary.
*. Failure to Distribute Assets:
- The executrix has not distributed assets as specified in the Will.
- Highlight any instances of mismanagement or mischaracterization of assets.
*. Evidence of Collusion and Fraud:
- Attach the forged Quitclaim deed.
- Include your parents' divorce decree.
- Provide any other relevant documents you have gathered.
*. Request for Action:
- Request the court to take immediate action to ensure proper distribution of the estate.
- Request a thorough review of the executrix’s actions and any fraudulent activities.
Conclusion:
For the reasons stated above, I respectfully request the District Court to assume jurisdiction over this matter and take appropriate action to ensure the fair and lawful administration of the estate.
Sincerely,
[Your Name]**
---
Would you like more detailed guidance on any specific sections or additional procedural steps?
I was going to hire a unbundling attorney to write the petition
****, if you're thinking about hiring an unbundling attorney to draft the petition, that could be a smart move given the complexity of your case. They can help ensure your filing is thorough and legally sound.
Would you like more information on how to find and hire an unbundling attorney?
Would you like more information on how to find and hire an unbundling attorney?
Because I can petition the court for information before a lawsuit
****, you can petition the court for information through a pre-suit discovery request. Here are some key points:
- Rule * (Texas Rules of Civil Procedure): Allows you to request depositions or information before filing a lawsuit.
- Purpose: To investigate potential claims or preserve evidence.
- Procedure: File a verified petition stating your interest, the reasons, and the scope of requested discovery.
Would you like more detailed information on how to draft and file a Rule * petition?
- Rule * (Texas Rules of Civil Procedure): Allows you to request depositions or information before filing a lawsuit.
- Purpose: To investigate potential claims or preserve evidence.
- Procedure: File a verified petition stating your interest, the reasons, and the scope of requested discovery.
Would you like more detailed information on how to draft and file a Rule * petition?
I am going to have the Attorney draft it
****, it sounds like you're on the right track by deciding to hire an attorney to draft the petition. Given the complexity and high stakes of your case, professional legal assistance can be very beneficial.
Would you like guidance on any other aspects of your case or information on how to effectively work with your attorney?
Would you like guidance on any other aspects of your case or information on how to effectively work with your attorney?
That and make sure I follow the procedures and do not miss any requirements
Case Rating: *
****, hiring an attorney to draft your petition is a wise decision given the stakes involved. Here are some general tips to ensure you follow procedures and meet all requirements:
- Keep Detailed Records: Maintain organized files of all documents, communications, and evidence.
- Stay Informed: Regularly communicate with your attorney, asking for updates and clarifications.
- Meet Deadlines: Ensure that you and your attorney are aware of and meet all court deadlines.
- Review Filings: Before your attorney submits any documents, review them to ensure all details are correct.
- Follow Legal Advice: Trust your attorney's guidance, especially on complex procedural matters.
Would you like more specific information on any of these points?
****, hiring an attorney to draft your petition is a wise decision given the stakes involved. Here are some general tips to ensure you follow procedures and meet all requirements:
- Keep Detailed Records: Maintain organized files of all documents, communications, and evidence.
- Stay Informed: Regularly communicate with your attorney, asking for updates and clarifications.
- Meet Deadlines: Ensure that you and your attorney are aware of and meet all court deadlines.
- Review Filings: Before your attorney submits any documents, review them to ensure all details are correct.
- Follow Legal Advice: Trust your attorney's guidance, especially on complex procedural matters.
Would you like more specific information on any of these points?
I also can request section code *.* for legal fees
****, you are right. Under Texas Property Code Section *.*, you may request reimbursement for legal fees if the court finds them necessary and reasonable. Here are some important points:
- Eligibility: Legal fees must be necessary and reasonable.
- Request: Include the legal fee request in your *.* filing.
- Supporting Evidence: Provide documentation of incurred legal fees.
Would you like more information on how to present this request in your filing?
- Eligibility: Legal fees must be necessary and reasonable.
- Request: Include the legal fee request in your *.* filing.
- Supporting Evidence: Provide documentation of incurred legal fees.
Would you like more information on how to present this request in your filing?
In my request for relief
****, it sounds like you have a solid foundation for your case. Here’s how you can include the request for legal fees under Section *.* in your *.* filing:
---
*. Request for Reimbursement of Legal Fees:
- Under Texas Property Code Section *.*, I request reimbursement for legal fees incurred due to the executrix’s actions.
- The incurred legal fees are necessary and reasonable, as evidenced by the attached documentation.
---
Would you like further detailed guidance on any other specific sections of your filing?
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*. Request for Reimbursement of Legal Fees:
- Under Texas Property Code Section *.*, I request reimbursement for legal fees incurred due to the executrix’s actions.
- The incurred legal fees are necessary and reasonable, as evidenced by the attached documentation.
---
Would you like further detailed guidance on any other specific sections of your filing?
You can actually get the court to require the estate to pay them prior to obtaining an Attorney. I am the successor independent executor
****, that's a crucial point. As the successor independent executor, you may request the court to have the estate cover necessary legal expenses upfront. Here’s how you can integrate that into your filing:
---
*. Request for Reimbursement of Legal Fees:
- Request for Advance Payment: As the successor independent executor, I request the court to require the estate to pay legal fees in advance, under Texas Property Code Section *.*.
- Necessity and Reasonableness: These legal fees are necessary and reasonable to ensure proper estate administration, as evidenced by the attached documentation.
---
Would you like more specific guidance on the procedural steps to request advance payment of legal fees?
---
*. Request for Reimbursement of Legal Fees:
- Request for Advance Payment: As the successor independent executor, I request the court to require the estate to pay legal fees in advance, under Texas Property Code Section *.*.
- Necessity and Reasonableness: These legal fees are necessary and reasonable to ensure proper estate administration, as evidenced by the attached documentation.
---
Would you like more specific guidance on the procedural steps to request advance payment of legal fees?
Not now thanks.
****, it looks like you've got a pretty solid grasp on your case and the necessary steps. Good luck with everything! If you need any more guidance in the future, feel free to reach out.
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