Executrix Defense In Probate

Summary

The executrix in a Texas probate case filed an affirmative defense for the statute of limitations, possibly to delay proceedings. The user suspects fraud, including misrepresentation of estate assets, incorrect survivorship claims, and failure to distribute assets. The user is advised to file a formal response addressing these issues and consider seeking legal counsel for further guidance.

Full Conversation

What would be the purpose for the Executrix filing a original answer asserting Affirmative Defense for a statute of limitations assertion knowing it does not apply to estate inventory still open in probate
It seems like the Executrix might be attempting to preemptively address any potential claims against the estate by asserting a statute of limitations defense. This could be a strategic move to protect the estate from future disputes, even if it doesn't directly apply to the current probate status.
Is the estate facing any specific claims or disputes that might have prompted this defense?
She has committed a lot of Fraud and I have an objection to Inventory cited and served. Is she trying to prolonged the hearing
It seems like the executrix may be trying to delay proceedings. Fraud and objections to inventory are serious issues in probate.
Could you please provide your location to give more specific legal guidance about the probate laws in your area?
Grayson County Texas
In Texas, filing an original answer asserting an affirmative defense like the statute of limitations in probate can be a tactic to delay proceedings or preemptively address potential claims. Fraud and objections to inventory are significant concerns that should be addressed promptly.

Grayson County Probate Court


Phone: (*) *-*
Address: * W Houston St, Sherman, TX *
Website: www.co.grayson.tx.us

Could you provide more details on the nature of the fraud you suspect?
Estate valuation, not claiming many of the assets, claiming I did not survive my father, failure to make any distribution
Case Rating: *
It sounds like you have substantial grounds for concern. Here are some potential legal points based on Texas probate law:
- Fraud: Misrepresentation of assets or beneficiary status can be grounds for legal action.
- Estate Valuation: Accurate valuation is critical; discrepancies should be investigated.
- Survivorship: Incorrect claims about your survivorship can impact your inheritance rights.
- Distribution: Executors have a duty to distribute assets as per the will and state law.
Have you considered filing a formal complaint or motion in the probate court to address these issues?
I am about to , at this moment I am filing a response to her original answer
When filing your response, consider highlighting:
- Fraud Allegations: Clearly state the fraudulent activities you suspect.
- Inventory Objections: Detail any discrepancies in the estate inventory.
- Survivorship Claims: Address the incorrect claims about your survivorship.
- Distribution Failures: Note any failures in asset distribution.
Would you like more detailed information on how to structure your response?
Yes can I add that into my response
Sure, here are some points you might include in your response:
- Fraud Allegations: Clearly outline any fraudulent actions you believe the executrix has committed.
- Inventory Objections: List specific discrepancies or omissions in the estate inventory.
- Survivorship Claims: Address any false claims regarding your survivorship.
- Distribution Failures: Note any failures in the distribution of assets.
Is there a specific format or template you need for your response?
Yes. She in the application for probate of Will and Codicil did not list any surviving children and stated No Child or Children born to or adopted by the decedent after making of the Will
It sounds like you have substantial grounds to challenge the executrix's actions. Here's a template you might consider for your response:
---
IN THE PROBATE COURT OF GRAYSON COUNTY, TEXAS
ESTATE OF [DECEASED NAME], DECEASED
CAUSE NO. [CAUSE NUMBER]
RESPONSE TO ORIGINAL ANSWER ASSERTING AFFIRMATIVE DEFENSE
To the Honorable Judge of Said Court:
COMES NOW, [Your Name], and files this Response to the Original Answer filed by [Executrix's Name], and would respectfully show the Court as follows:
*. Fraud Allegations
- Detail the fraudulent actions, such as misrepresentation of estate assets and the incorrect survivorship claims.
*. Inventory Objections
- Specify discrepancies or omissions in the estate inventory, clearly listing unclaimed assets.
*. Survivorship Claims
- Address false statements regarding your status as a surviving child.
*. Distribution Failures
- Note the failure to distribute assets according to the will and applicable Texas law.
PRAYER
**WHEREFORE, PREMISES CONSIDERED, [Your Name] prays that thisCourt order the executrix to:
*. Provide a full and accurate inventory of the estate.
*. Correct any false claims regarding survivorship.
*. Distribute assets as required by the will and Texas law.
*. Any other relief the court deems just and proper.
Respectfully submitted,
[Your Name]
[Your Contact Information]
---
Would you like more assistance with any specific section of this response?
This looks good. I have already written one but I would like to add some of this. I am trying to figure out why they filed this it's obviously not true. maybe because I do not have a lawyer hoping I will not respond
It seems the executrix might be trying to take advantage of your lack of legal representation. Such tactics can sometimes be used to delay or complicate proceedings. Adding the points provided can strengthen your response.
Would you like more tips on how to present your case effectively in court?
Yes
Certainly! Here are some tips to present your case effectively in court:
- Stay Organized: Keep all documents, evidence, and notes well-organized.
- Be Clear and Concise: Clearly state your points without unnecessary details.
- Evidence and Documentation: Present any documents or evidence that support your claims.
- Stay Calm and Respectful: Maintain a respectful tone towards the judge and the executrix, even if you feel frustrated.
- Prepare for Questions: Be ready to answer questions from the judge or opposing counsel.
Would you like more detailed guidance on any specific aspect of your case?
It's good
This seems like a potentially strong case for a lawyer, given the allegations of fraud and the complications in probate.
Here are additional tips:
- Seek Legal Counsel: If possible, consider consulting a probate attorney for guidance.
- Document Everything: Keep a detailed record of all communications and documents related to the case.
- Focus on Facts: Ensure your arguments are backed by concrete evidence.
Do you need help finding legal representation or more specific legal advice?