Summary
In Texas, a forged quitclaim deed filed by an independent executrix can be contested in probate court. You should file a motion to challenge the deed, citing forgery and lack of authority, and include an Affidavit of Facts detailing the events and evidence. Ensure all documents are notarized and submitted to the court. The executrix must have legal authority to transfer property from deceased individuals, and any fraudulent actions should be reported. Consider consulting with a probate attorney for personalized guidance.Full Conversation
Grayson County Texas. My father's second wife that is the independent executrix just filed a forged quitclaim deed that supposedly came from my mother 35 years ago. Should I report it to the court which I have an objection to Inventory cited
You should definitely report the forged quitclaim deed to the court, especially since you have an objection to the inventory cited. Fraudulent documents can have serious legal consequences, and it's crucial to address this promptly.
Would you like any specific information on how to file your objection?
I have the objection filed , but she filed this to release my mother's rights to the farm my parents bought. She is claiming the property is community property, but I filed the divorce decree proving it wasn't. I think she sold some of the land
It sounds like you have a potentially strong case given the forged quitclaim deed and the conflicting claims about the property. Here are some key points:
- Forgery: Report the forged deed to the court and law enforcement if necessary.
- Divorce Decree: Your filed decree should help establish the property as separate.
- Land Sale: Investigate and gather evidence if land was sold without proper authority.
Would you like details on how to report the forgery or any other specific information?
Yes
Sure thing, ****. Here’s how you can report the forgery:
*. File a Motion: File a motion in the probate court where the estate is being handled, detailing the forgery.
*. Notify Law Enforcement: Report the forgery to local law enforcement.
*. Evidence: Gather all documents, including the divorce decree and any evidence of unauthorized land sales.
Would you need more details on filing the motion or anything else?
I'm not sure what she has done but this strengthen my case. She concealed the estate assets, said she was only beneficiary that nobody else survived. Should it be a Affidavit of facts
Given the circumstances, an Affidavit of Facts could indeed strengthen your case. It would help document your claims clearly and provide supporting evidence. Here are some steps:
- Affidavit of Facts: Detail all relevant events, including the forgery, concealed assets, and misrepresentation of beneficiaries.
- Supporting Documents: Attach copies of the divorce decree and any other evidence.
- File with Court: Submit the affidavit to the probate court handling the estate.
Would you like more details on drafting the affidavit or any other information?
I have everything else filed in a complaint but this is easy to prove because I have my mother's signature and the Law firm they used is in Nebraska and the address is a empty field
It sounds like you have a strong case with substantial evidence. Here are some additional steps you can take:
- Verify Law Firm: Confirm the legitimacy of the law firm in Nebraska. If it's fraudulent, this adds to your case.
- Court Motion: Update the court with this new evidence, including the empty field address.
- Contact Authorities: Report this to the relevant legal authorities for further investigation.
Do you need more details on any of these steps?
So an Affidavit of facts, notarized
Yes, an Affidavit of Facts can be very useful in your case. Here are the steps to create one:
- Detail Events: Clearly outline all relevant events, including the forgery, concealed assets, and false beneficiary claims.
- Attach Evidence: Include copies of the divorce decree, your mother's signature, and evidence of the fraudulent law firm.
- Notarize: Have the affidavit notarized to add legal validity.
- File with Court: Submit the notarized affidavit to the probate court handling the estate.
Would you like more details on how to draft the affidavit or anything else?
This is the only thing I need to file because everything else is in the judge's Q.
It sounds like you have a robust case with substantial evidence. Here's a summary of what you need to do:
- Detail Events: Clearly outline all relevant events, including forgery, concealed assets, and false beneficiary claims.
- Attach Evidence: Include copies of the divorce decree, your mother's signature, and evidence of the fraudulent law firm.
- Notarize: Have the affidavit notarized.
- File with Court: Submit the notarized affidavit to the probate court handling the estate.
Would you need any more specific guidance on the affidavit drafting process?
The Law firm is legit they are just not in Dallas. Can she even file a Quitclaim deed with both parents deceased
In Texas, a quitclaim deed generally can't transfer property from deceased individuals unless the person executing it has legal authority. Here's some information:
- Authority: The independent executrix must have the legal authority to file the quitclaim deed.
- Deceased Parents: Typically, property owned by deceased individuals must go through probate court processes for any transfer.
Would you like more details on challenging the quitclaim deed based on these points?
The property is in probate
****, you have a strong case with substantial evidence. Since the property is in probate, the independent executrix must have legal authority to file any quitclaim deed. Here’s what to do:
- Challenge the Deed: File a motion in probate court to challenge the quitclaim deed, citing forgery and lack of authority.
- Provide Evidence: Submit all supporting documents, including the divorce decree and proof of forgery.
- Affidavit of Facts: Include a notarized affidavit detailing all relevant events.
Would you like more information on drafting the motion or any other details?
File a motion or Affidavit of facts
****, given your situation, you should file both a motion and an Affidavit of Facts. Here's a concise plan:
- File a Motion: Challenge the quitclaim deed in probate court, detailing forgery and lack of authority.
- Affidavit of Facts: Include detailed events, evidence of forgery, and notarize it.
Would you like more guidance on drafting these documents?
Yes
****, here's how you can proceed:
To Draft the Motion:
*.
Title: "Motion to Challenge Quitclaim Deed"
*.
Introduction: State your relationship to the deceased and the context of the probate.
*.
Body:
-
Facts: Detail the forgery, lack of authority, and any other relevant events.
-
Evidence: Attach supporting documents (divorce decree, forgery proof, etc.).
-
Request: Ask the court to invalidate the quitclaim deed.
To Draft the Affidavit of Facts:
*. Title: "Affidavit of Facts"
*. Introduction: Include your name, relationship to the deceased, and the purpose of the affidavit.
*. Body:
- Detailed Events: Describe the forgery, concealed assets, and false beneficiary claims.
- Evidence: Attach copies of relevant documents.
*. Conclusion: Swear to the truth of the statements and sign.
*. Notarization: Have it notarized.
Would you like a more detailed template for either document?
So file both
****, you should file both documents. Here are some final tips:
Motion to Challenge Quitclaim Deed:
-
Title: "Motion to Challenge Quitclaim Deed"
-
Introduction: State your relationship to the deceased and the probate context.
-
Body:
-
Facts: Detail the forgery and lack of authority.
-
Evidence: Attach supporting documents (divorce decree, forgery proof).
-
Request: Ask the court to invalidate the quitclaim deed.
Affidavit of Facts:
- Title: "Affidavit of Facts"
- Introduction: Include your name, relationship to the deceased, and purpose.
- Body:
- Detailed Events: Describe the forgery, concealed assets, and false beneficiary claims.
- Evidence: Attach relevant documents.
- Conclusion: Swear to the truth and sign.
- Notarization: Have it notarized.
Would you like a more detailed template for either document?
Why did she file this, what does releasing my mother's interest in the property do
****, releasing your mother's interest in the property through a quitclaim deed could potentially transfer her ownership interest to someone else, complicating the estate's distribution. It might also impact your legal standing and inheritance rights.
Would you like more information on how to contest this in court?
Yes
To contest the quitclaim deed in court, you can take the following steps:
*. File a Motion: Challenge the quitclaim deed, detailing forgery and lack of authority.
*. Affidavit of Facts: Include detailed events and evidence, and have it notarized.
*. Court Hearing: Request a hearing to present your case and evidence.
Would you like more detailed instructions on any of these steps?
Yes
To contest the quitclaim deed in court:
Steps to Contest the Quitclaim Deed:
*. File a Motion:
- Title: "Motion to Challenge Quitclaim Deed"
- Introduction: State your relationship to the deceased and the context of the probate.
- Body:
- Facts: Detail the forgery, lack of authority, and any other relevant events.
- Evidence: Attach supporting documents (divorce decree, forgery proof, etc.).
- Request: Ask the court to invalidate the quitclaim deed.
*. Affidavit of Facts:
- Title: "Affidavit of Facts"
- Introduction: Include your name, relationship to the deceased, and the purpose of the affidavit.
- Body:
- Detailed Events: Describe the forgery, concealed assets, and false beneficiary claims.
- Evidence: Attach copies of relevant documents.
- Conclusion: Swear to the truth of the statements and sign.
- Notarization: Have it notarized.
*. Court Hearing:
- Request a hearingto present your case and evidence to the judge.
Would you like more detailed templates for either document or additional information on preparing for the court hearing?
Do these need to be separate documents
****, yes, it's best to keep them as separate documents. Each serves a different purpose in the legal process.
- Motion to Challenge Quitclaim Deed: Focuses on the legal argument to invalidate the deed.
- Affidavit of Facts: Provides detailed factual background and evidence supporting your claims.
Would you like more detailed templates or guidance on drafting either document?
Yes
****, it sounds like you have a strong case. Here are detailed templates to help you draft both documents:
Motion to Challenge Quitclaim Deed:
Title: Motion to Challenge Quitclaim Deed
Introduction:- State your relationship to the deceased.
- Mention the context of the probate.
Body:*.
Facts: - Describe the forgery and lack of authority.
*.
Evidence: - Attach supporting documents (divorce decree, forgery proof, etc.).
*.
Request: - Ask the court to invalidate the quitclaim deed.
Affidavit of Facts:
Title: Affidavit of Facts
Introduction:
- Include your name, relationship to the deceased, and the purpose of the affidavit.
Body:
*. Detailed Events:
- Describe the forgery, concealed assets, and false beneficiary claims.
*. Evidence:
- Attach copies of relevant documents.
Conclusion:
- Swear to the truth of the statements and sign.
Notarization:
- Have it notarized.
Would you like more guidance on any specific section?
What is context of the probate
In the context of probate, the court supervises the distribution of a deceased person's estate. Key aspects include:
- Executrix Role: The independent executrix manages the estate, including distributing assets and settling debts.
- Inventory and Appraisement: A detailed list of the estate's assets and their values must be submitted.
- Heirs and Beneficiaries: Individuals entitled to inherit under the will or by law.
- Contesting Documents: You can challenge documents like quitclaim deeds by filing motions and providing evidence of forgery or other issues.
Would you like more information on how probate court handles disputes?
a motion is a court proceeding and different from a complaint
****, you're right. A motion is a request to the court for a specific action, while a complaint is an initial pleading that starts a lawsuit. Here's a quick comparison:
- Motion: Requests a court order or ruling on a specific issue within an ongoing case.
- Complaint: Initiates a legal action, outlining the plaintiff's case against the defendant.
Would you like more details on how to draft your motion to challenge the quitclaim deed?
Yes
****, here's a detailed guide on drafting your Motion to Challenge the Quitclaim Deed:
Motion to Challenge Quitclaim Deed
Title:
Motion to Challenge Quitclaim Deed Introduction:
-
Your Name: [Your Name]
-
Relationship to Deceased: [Son of the deceased]
-
Context: Explain that this motion is part of the probate proceedings for [Father’s Name] in Grayson County, Texas.
Body:
*.
Facts: - Outline the filing of the forged quitclaim deed by the independent executrix.
- Detail the lack of legal authority to transfer property from deceased parents without probate court consent.
- Explain the concealment of estate assets and misrepresentation of beneficiaries.
*.
Evidence: - Attach supporting documents such as:
- Divorce decree showing the property is not community property.
- Copies of your mother’s signature to prove the forgery.
- Evidence of the fraudulent law firm or the empty field address.
*.
Request: - Ask the court to invalidate the forged quitclaim deed.
- Request an investigation into the concealment of assets and misrepresentation of beneficiaries.
Conclusion:
-
Signature: [Your-
Signature: [Your Signature]
-
Date: [Date]
Additional Steps:
- Notarize: Ensure the motion is notarized for legal validity.
- File: Submit the motion to the probate court handling your father’s estate.
Would you like a more detailed template for any section, or guidance on preparing for the court hearing?
The Request is Request for Relief
****, here’s a concise guide to draft your "Request for Relief" motion:
Motion to Challenge Quitclaim Deed
Title:
- Motion to Challenge Quitclaim Deed and Request for Relief
Introduction:
- Your Name: **** ****
- Relationship to Deceased: Son of the deceased
- Context: Motion as part of probate proceedings for [Father’s Name] in Grayson County, Texas.
Body:
*. Facts:
- Independent executrix filed a forged quitclaim deed claiming to release your mother’s interest in the property.
- Deed filed without legal authority as both parents are deceased.
- Concealment of estate assets and false claims of sole beneficiary status.
*. Evidence:
- Divorce decree showing the property is not community property.
- Copies of your mother’s signature and proof of forgery.
- Evidence of the fraudulent law firm or empty field address.
*. Request for Relief:
- Invalidate the quitclaim deed due to forgery and lack of authority.
- Investigate the concealment of estate assets and misrepresentation of beneficiaries.
- Grant other appropriate relief, including possible sanctions against the executrix.
Conclusion:
- Signature: [Your Signature]
- Date: [Date]
Additional Steps:
- Notarize: Have the motion notarized.
- File: Submit the motion to the probate court handling your father’s estate.
Would you like more detailed guidance on preparing for the court hearing or any other information?
Have the motion notorized
****, having the motion notarized is crucial. Here’s what you need to do:
Steps to Notarize Your Motion:
*. Complete the Motion:
- Ensure all sections (Title, Introduction, Body with Facts and Evidence, Request for Relief, Conclusion) are fully drafted.
*. Sign the Motion:
- Sign the document but do not date it yet. The notary will witness your signature and date it.
*. Find a Notary Public:
- Visit a local notary public. They can usually be found at banks, libraries, or dedicated notary services.
*. Provide Identification:
- Bring a valid ID (e.g., driver’s license or passport) for identity verification.
*. Notarize the Document:
- The notary will witness your signature, date the document, and apply their notary seal.
*. File the Motion:
- Submit the notarized motion to the probate court handling your father’s estate.
Would you like more help finding a notary public or any other specific details?
Got it thanks
****, it sounds like you have a strong case. Good luck with everything! If you need further assistance, feel free to reach out. Take care!
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