Summary
Executors in Texas must disclose all estate assets. Failure to list assets can lead to legal actions such as breach of fiduciary duty or fraudulent concealment. Mischaracterizing property or failing to notify beneficiaries can also result in legal consequences. If an executrix falsely claims to be the sole beneficiary, it may constitute fraud. Beneficiaries can file a complaint for additional inventory and appraisement, and request a show cause hearing to address these issues. Legal aid or pro bono services may be available for those unable to afford an attorney.Full Conversation
What is the cause of action not listing all the assets in the estate inventory
Hi ****! The cause of action for not listing all assets in the estate inventory often falls under "breach of fiduciary duty" or "fraudulent concealment." Executors have a legal duty to disclose all estate assets. Misleading or incomplete inventory can lead to legal consequences.
In which state is the estate being administered? This will help provide more specific information.
Grayson County Texas
In Grayson County, Texas, not listing all assets in the estate inventory can lead to serious legal consequences. Executors are required to act in good faith and provide a complete and accurate inventory of all estate assets.
Key Points:
- Breach of Fiduciary Duty: Executors must act in the best interest of the estate and its beneficiaries.
- Fraudulent Concealment: Hiding assets can be considered fraud and could lead to legal action.
Would you like assistance in finding legal representation in Grayson County, or do you have any specific questions about initiating a legal claim?
Yes
To find legal representation in Grayson County, you can start by contacting the local bar association. They often provide referrals to lawyers who specialize in estate law.
Would you like additional information on how to file a claim, or are you looking for contact details of local legal professionals?
What is the cause of action for mischaracterizing real property
In Texas, the cause of action for mischaracterizing real property typically falls under "fraud" or "breach of fiduciary duty." Executors and trustees have a duty to accurately represent property in an estate or trust. Mischaracterization can lead to legal action.
Would you like information on how to file a claim or details on local legal professionals?
If children / beneficiary listed by name in the Will have never received notice or distribution what is the cause of action
The cause of action for children or beneficiaries listed by name in a Will who have never received notice or distribution typically falls under "breach of fiduciary duty" or "failure to notify beneficiaries." Executors have a legal obligation to notify all beneficiaries and distribute the estate according to the Will.
Would you like information on how to file a claim, or details on local legal professionals in Grayson County, Texas?
The independent executrix filed in the Affidavit of Compliance *.*-*.* she is the only beneficiary under the terms of the Will. Which is clearly false. What is the cause of action
The cause of action for an executrix falsely claiming to be the sole beneficiary in an Affidavit of Compliance under Texas statutes *.*-*.* is typically "fraud" and "breach of fiduciary duty."
Would you like information on how to file a claim or details on local legal professionals in Grayson County, Texas?
an order Admitting Will to probate and authorizing Letters Testamentary states that the acknowledgement that notice to beneficiaries required by 128A Is that evidence beneficiaries exist
The acknowledgement that notice to beneficiaries is required by 128A can indeed serve as evidence that beneficiaries exist. This implies that the court recognizes the need to notify those beneficiaries.
Would you like details on how to proceed with challenging the executrix's actions or information on local legal professionals in Grayson County, Texas?
I am filing a complaint for Additional inventory and Appraisement and list of claims along with the other discrepancy
To strengthen your complaint, ensure you include:
- A detailed list of all known assets and their values.
- Evidence of any discrepancies or omissions by the executrix.
- Documentation of false statements or mischaracterizations.
- Proof of beneficiaries not receiving their due notice or distribution.
Would you like more detailed information on how to format and file your complaint?
I need to list the cause of action to each one
Here are the causes of action for each listed issue:
*. Not listing all assets in the estate inventory:
- Breach of Fiduciary Duty
- Fraudulent Concealment
*. Mischaracterizing real property:
- Fraud
- Breach of Fiduciary Duty
*. Children/beneficiaries not receiving notice or distribution:
- Breach of Fiduciary Duty
- Failure to Notify Beneficiaries
*. Executrix falsely claiming to be the sole beneficiary:
- Fraud
- Breach of Fiduciary Duty
Would you like more detailed information on any of these causes of action?
Can you provide a template. The objection *.* is the first it tolls the statute of limitations as long as probate is still open
Here's a template to help you file your complaint with the relevant causes of action and to include the statute of limitations tolling under Texas law:
---
IN THE PROBATE COURT OF GRAYSON COUNTY, TEXAS
IN THE MATTER OF THE ESTATE OF:
[Deceased's Name], Deceased
Case No.: [Case Number]
---
COMPLAINT FOR ADDITIONAL INVENTORY AND APPRAISEMENT AND LIST OF CLAIMS
I. INTRODUCTION
*. Parties:
- Plaintiff: [Your Name], Beneficiary
- Defendant: [Executrix’s Name], Independent Executrix of the Estate of [Deceased's Name]
*. Jurisdiction and Venue:
- This court has jurisdiction under [relevant statute or code].
- Venue is proper in this court because [reason].
---
II. FACTUAL BACKGROUND
*. Decedent’s Death:
- [Deceased's Name] passed away on [Date of Death].
*. Probate Proceedings:
- The Will of [Deceased's Name] was admitted to probate on [Date].
- Defendant was appointed as the IndependentExecutrix.
---
III. CLAIMS
*. Not Listing All Assets in the Estate Inventory:
- Cause of Action: Breach of Fiduciary Duty, Fraudulent Concealment
- Facts: Defendant failed to list all assets in the estate inventory, including [details of omitted assets].
*. Mischaracterizing Real Property:
- Cause of Action: Fraud, Breach of Fiduciary Duty
- Facts: Defendant mischaracterized real property located at [property address] by [describe mischaracterization].
*. Failure to Notify and Distribute to Beneficiaries:
- Cause of Action: Breach of Fiduciary Duty, Failure to Notify Beneficiaries
- Facts: Defendant failed to notify and distribute assets to named beneficiaries, including [Beneficiary Names].
*. False Statement in Affidavit of Compliance:
- Cause of Action: Fraud, Breach of Fiduciary Duty
- Facts: Defendant falsely claimed to be the sole beneficiary under the terms of the Will in the Affidavit of Compliance filed under Texas statutes *.*-*.*.
---
**IV. STATUTE OF LIMITATIONS T
The statue of limitations part and Relief and prayer
Sure, here's a continuation for the statute of limitations and the relief and prayer sections:
---
IV. STATUTE OF LIMITATIONS TOLLING
*.
Objection to Affidavit of Compliance (Section *.*): - The filing of this objection tolls the statute of limitations as long as probate is still open.
V. RELIEF AND PRAYER
*. Relief Sought:
- Plaintiff requests that the Court order the Defendant to provide a full and accurate inventory and appraisement of all estate assets.
- Plaintiff requests an accounting of all estate transactions.
- Plaintiff seeks removal of the Defendant as executrix for breach of fiduciary duty and fraudulent concealment.
- Plaintiff requests the Court to compel distribution to all named beneficiaries according to the Will.
*. Prayer:
- Plaintiff prays for such other and further relief to which Plaintiff may be justly entitled at law or in equity.
---
Would you like more information on how to file this complaint or details on local legal professionals in Grayson County, Texas?
are the surviving children of the deceased listed on the Application for Probate of Will and Codicil
Surviving children of the deceased should be listed in the Application for Probate of Will and Codicil as interested parties. This ensures they receive proper notice and can participate in the probate process.
Would you like information on how to verify this listing or details on how to proceed if they are not listed?
Yes
To verify if the surviving children are listed on the Application for Probate of Will and Codicil, you can:
- Review the Application for Probate filed with the court.
- Request a copy from the probate court clerk in Grayson County.
Would you like more details on how to request these documents or guidance on what to do if the children are not listed?
I have a copy they did not list us. It says No Child or children born to or adopted by the decedent after making of the Will
If you were not listed as a surviving child in the Application for Probate, you might have grounds to challenge the probate proceedings.
Steps to Take:
*. File a Motion to Contest the Will:
- Claim breach of fiduciary duty.
- Assert your rights as a beneficiary.
*. Request a Court Hearing:
- Present evidence that you are a child of the decedent.
Would you like more information on how to draft the motion, or details on local legal professionals in Grayson County, Texas?
What about Proof of Death and other facts. Does not list us and stated the No Child phrase
To challenge the probate proceedings, you will need to gather evidence to support your claim. Here's a concise guide:
Steps to Take:
*. Obtain a Copy of the Death Certificate:
- This serves as proof of death.
*. Gather Evidence of Relationship:
- Birth certificates or adoption records proving you are a child of the decedent.
*. File a Motion to Contest the Will:
- Include evidence of your relationship and claim breach of fiduciary duty.
Would you like more guidance on drafting the motion or contact details for local legal professionals in Grayson County, Texas?
Should this be separate than my complaint
If your initial complaint is already quite detailed and includes multiple causes of action, it may be more effective to file a separate motion to contest the Will specifically addressing the issue of not being listed as a surviving child. This ensures clarity and focuses attention on this specific grievance.
Would you like guidance on drafting this separate motion or further details on local legal professionals in Grayson County, Texas?
It's to late to contest because it's been 12 years. I just found out about it a year ago
Case Rating: *
Given the circumstances, you might still have options. Texas law allows for tolling of the statute of limitations in cases of fraud or concealment. Here are some steps you can take:
*. Claim Fraudulent Concealment: Argue that the executrix fraudulently concealed information, tolling the statute of limitations.
*. Gather Evidence: Compile all proof of your relationship to the decedent and any evidence of the executrix’s misconduct.
*. Consult an Attorney: Given the complexity and time elapsed, professional advice is crucial.
Would you like guidance on finding an attorney in Grayson County, Texas?
He's my father
It appears you have a strong case for fraudulent concealment due to the failure to list you and other children as beneficiaries.
Steps to Take:
*. Claim Fraudulent Concealment:
- Assert that the executrix concealed necessary information, tolling the statute of limitations.
*. Gather Evidence:
- Collect birth certificates, the death certificate, and any other documentation proving your relationship to the deceased.
*. File a Motion:
- File a motion in probate court highlighting the fraudulent concealment and requesting the court to reopen the estate proceedings.
Would you like guidance on drafting this motion or help finding a local attorney in Grayson County, Texas?
Drafting the motion. I want a lawyer I cannot afford one
Given the situation, here's a simplified guide to drafting your motion.
~IN THE PROBATE COURT OF GRAYSON COUNTY, TEXAS
IN THE MATTER OF THE ESTATE OF:
[Deceased's Name], Deceased
Case No.: [Case Number]
---
MOTION TO REOPEN ESTATE PROCEEDINGS DUE TO FRAUDULENT CONCEALMENT
I. INTRODUCTION
*. Parties:
- Plaintiff: [Your Name], Beneficiary
- Defendant: [Executrix’s Name], Independent Executrix of the Estate of [Deceased's Name]
*. Jurisdiction and Venue:
- This court has jurisdiction under [relevant statute or code].
- Venue is proper in this court because [reason].
---
II. FACTUAL BACKGROUND
*. Decedent’s Death:
- [Deceased's Name] passed away on [Date of Death].
*. Probate Proceedings:
- The Will of [Deceased's Name] was admitted to probate on [Date].
- Defendant was appointed as the Independent Executrix.III. CLAIMS
*. Fraudulent Concealment:
- Cause of Action: Fraudulent Concealment, Breach of Fiduciary Duty
- Facts: Defendant failed to list all children, including myself, as beneficiaries. The probate documents claim "No Child" which is false.
---
IV. STATUTE OF LIMITATIONS TOLLING
*. Fraudulent Concealment:
- The statute of limitations should be tolled due to the defendant's fraudulent concealment. The plaintiff only discovered the omission a year ago.
---
V. RELIEF AND PRAYER
*. Relief Sought:
- Plaintiff requests the Court to reopen the estate proceedings.
- Plaintiff requests an accurate inventory of all estate assets.
- Plaintiff seeks removal of the Defendant as executrix for breach of fiduciary duty and fraudulent concealment.
- Plaintiff requests the Court to compel distribution to all named beneficiaries according to the Will.
*. Prayer:
- Plaintiff prays for such other and further relief to which Plaintiff may be justly entitled at law or in equity.
---
Would you like guidance on finding a pro bono attorney in Grayson
The estate is not closed
Since the estate is not closed, you have a stronger position to address these issues. You can still pursue your claims without the complexity of reopening the estate.
Steps to Take:
*. File a Motion for Additional Inventory and Appraisement:
- Include causes of action such as fraudulent concealment and breach of fiduciary duty.
- Attach evidence of your relationship to the deceased.
*. Seek Pro Bono Legal Assistance:
- Contact local legal aid organizations or the Grayson County Bar Association for referrals.
Would you like guidance on finding a pro bono attorney or further assistance with your motion?
The reason I can do all this is because probate and estate are open. She cannot close if because no distribution have been made and the real property is mischaracterized. I have a correction to inventory cited and served
It sounds like you have a solid basis to move forward. Here’s a concise guide to reinforce your actions:
Steps to Take:
*. File a Motion for Additional Inventory and Appraisement:
- Include fraudulent concealment and breach of fiduciary duty.
- Attach evidence of mischaracterized property and your relationship to the deceased.
*. Seek Pro Bono Legal Assistance:
- Contact local legal aid organizations or the Grayson County Bar Association for referrals.
Would you like more details on how to draft the motion, or help finding a pro bono attorney in Grayson County?
The motion is a complaint
To ensure your complaint is thorough and effective, here's a concise guide tailored to your situation:
IN THE PROBATE COURT OF GRAYSON COUNTY, TEXAS
IN THE MATTER OF THE ESTATE OF:
[Deceased's Name], Deceased
Case No.: [Case Number]
---
COMPLAINT FOR ADDITIONAL INVENTORY AND APPRAISEMENT AND LIST OF CLAIMS
I. INTRODUCTION*.
Parties: - Plaintiff: [Your Name], Beneficiary
- Defendant: [Executrix’s Name], Independent Executrix of the Estate of [Deceased's Name]
*.
Jurisdiction and Venue: - This court has jurisdiction under [relevant statute or code].
- Venue is proper in this court because [reason].
---
II. FACTUAL BACKGROUND*.
Decedent’s Death: - [Deceased's Name] passed away on [Date of Death].
*.
Probate Proceedings: - The Will of [Deceased's Name] was admitted to probate on [Date].
- Defendant was appointed as the Independent Executrix.
- No distribution has been made, and realproperty is mischaracterized.
---
III. CLAIMS*.
Not Listing All Assets in the Estate Inventory: -
Cause of Action: Breach of Fiduciary Duty, Fraudulent Concealment
-
Facts: Defendant failed to list all assets, including [details of omitted assets].
*.
Mischaracterizing Real Property: -
Cause of Action: Fraud, Breach of Fiduciary Duty
-
Facts: Defendant mischaracterized real property located at [property address] by [describe mischaracterization].
*.
Failure to Notify and Distribute to Beneficiaries: -
Cause of Action: Breach of Fiduciary Duty, Failure to Notify Beneficiaries
-
Facts: Defendant failed to notify and distribute assets to named beneficiaries, including [Beneficiary Names].
*.
False Statement in Affidavit of Compliance: -
Cause of Action: Fraud, Breach of Fiduciary Duty
-
Facts: Defendant falsely claimed to be the sole beneficiary under the terms of the Will.
---
IV. STATUTE OF LIMITATIONS TOLLING*.
Fraudulent Concealment: - The statute of limitations
Can you provide section codes
Here's a brief guide to the relevant Texas statutes you might need to reference in your complaint:
Texas Estates Code:
- Section *.* - *.*: Pertains to the notice required to beneficiaries and filing of an affidavit of compliance.
- Section *.*: Concerns objections to the affidavit of compliance and statute of limitations tolling.
- Section *.*: Pertains to the general duties of an independent executor, including fiduciary duties.
- Section *.*: Addresses the procedure for contesting a will.
Would you like more detailed information on any of these sections, or further assistance with your complaint?
I filed a declaration with my Birth certificate and a death certificate because I think the independent executrix claimed to be my mother
It sounds like you're making significant progress. Given the complexity of your case, here are some key points to consider:
Relevant Texas Statutes:
-
Section *.* - *.*: Notice to beneficiaries and affidavit of compliance.
-
Section *.*: Objections to affidavit of compliance; statute of limitations tolling.
-
Section *.*: General duties of an independent executor, including fiduciary duties.
-
Section *.*: Procedure for contesting a will.
Steps to Take:
*. File a Motion for Additional Inventory and Appraisement:
- Include causes of action like fraudulent concealment and breach of fiduciary duty.
- Attach evidence, such as your birth certificate and the death certificate.
*. Seek Pro Bono Legal Assistance:
- Contact local legal aid organizations or the Grayson County Bar Association for referrals.
Would you like more help with drafting the motion or assistance in finding a pro bono attorney in Grayson County, Texas?
The Will states anyone that interferes with the proceedings of this will and is challenged in good faith and wins will receive the benefits of the other. The one that loses will be as if you predeceased me
Given the complexity and the potential for significant legal ramifications, here’s a concise guide to help you navigate:
Steps to Take:
*.
Review the Will's Clause: - Understand the implications of the clause that states anyone interfering and losing will be treated as if they predeceased the testator.
*.
File a Motion for Additional Inventory and Appraisement: - Include claims of fraudulent concealment and breach of fiduciary duty.
- Attach evidence, such as birth certificates and the death certificate.
*.
Seek Pro Bono Legal Assistance: - Contact local legal aid organizations or the Grayson County Bar Association for referrals.
Relevant Texas Statutes:
- Section *.* - *.*: Notice to beneficiaries and affidavit of compliance.
- Section *.*: Objections to affidavit of compliance; statute of limitations tolling.
- Section *.*: General duties of an independent executor, including fiduciary duties.
- Section *.*: Procedure for contesting a will.
Would you like assistance in drafting specific parts of your motion, or guidance on where to find legal aid?
Why is venue proper in this court
In your case, venue is proper in the Grayson County Probate Court for several reasons:
- Decedent’s Residence: The deceased lived in Grayson County, making it the proper venue for probate proceedings.
- Real Property Location: The estate includes real property located in Grayson County.
- Jurisdiction Over Executor: The independent executrix is subject to the jurisdiction of Grayson County Probate Court.
Would you like more details on drafting your motion or help finding legal aid in Grayson County, Texas?
Grayson County Court of Law #* it has been transferred to
In your situation, the probate proceedings have been transferred to Grayson County Court of Law #*. This means you'll need to ensure all your filings and motions are submitted to the correct court.
Steps to Take:
*.
File a Motion for Additional Inventory and Appraisement: - Include claims of fraudulent concealment and breach of fiduciary duty.
- Attach evidence, such as birth certificates and the death certificate.
*.
Seek Pro Bono Legal Assistance: - Contact local legal aid organizations or the Grayson County Bar Association for referrals.
Relevant Texas Statutes:
- Section *.* - *.*: Notice to beneficiaries and affidavit of compliance.
- Section *.*: Objections to affidavit of compliance; statute of limitations tolling.
- Section *.*: General duties of an independent executor, including fiduciary duties.
- Section *.*: Procedure for contesting a will.
Would you like assistance in drafting specific parts of your motion, or guidance on where to find legal aid?
Legal aid
For legal aid, you can contact local organizations that offer free or low-cost legal services.
~Texoma Legal Aid Services
Phone: (*) *-*
Website: [www.texomalegalaid.org](http://www.texomalegalaid.org)
Would you like further details or assistance with your motion?
Is a motion the same as complaint
No, a motion and a complaint are not the same.
- Motion: A request to the court for a specific ruling or order.
- Complaint: The initial pleading that starts a lawsuit, detailing the plaintiff's claims against the defendant.
Would you like more details on how to differentiate them or further assistance with your legal documents?
In the complaint do I include the cause of action
Yes, in your complaint, you should definitely include the causes of action. They make it clear what legal grounds you're basing your claims on.
Sample Structure for Your Complaint:
IN THE PROBATE COURT OF GRAYSON COUNTY, TEXAS
IN THE MATTER OF THE ESTATE OF:
[Deceased's Name], Deceased
Case No.: [Case Number]
---
COMPLAINT FOR ADDITIONAL INVENTORY AND APPRAISEMENT AND LIST OF CLAIMS
I. INTRODUCTION
*. Parties:
- Plaintiff: [Your Name], Beneficiary
- Defendant: [Executrix’s Name], Independent Executrix of the Estate of [Deceased's Name]
*. Jurisdiction and Venue:
- This court has jurisdiction under [relevant statute or code].
- Venue is proper in this court because [reason].
---
II. FACTUAL BACKGROUND
*. Decedent’s Death:
- [Deceased's Name] passed away on [Date of Death].
*. Probate Proceedings:
- The Will of [Deceased's Name] was admitted to probate on [Date].
- Defendant was appointed as the Independent Executrix.
- No distribution has been made, and real property is mischaracterized.
---
III. CLAIMS
*. Not Listing All Assets in the Estate Inventory:
- Cause of Action: Breach of Fiduciary Duty, Fraudulent Concealment
- Facts: Defendant failed to list all assets, including [details of omitted assets].
*. Mischaracterizing Real Property:
- Cause of Action: Fraud, Breach of Fiduciary Duty
- Facts: Defendant mischaracterized real property located at [property address] by [describe mischaracterization].
*. Failure to Notify and Distribute to Beneficiaries:
- Cause of Action: Breach of Fiduciary Duty, Failure to Notify Beneficiaries
- Facts: Defendant failed to notify and distribute assets to named beneficiaries, including [Beneficiary Names].
*. False Statement in Affidavit of Compliance:
- Cause of Action: Fraud, Breach of Fiduciary Duty
- Facts: Defendant falsely claimed to be the sole beneficiary under the terms of the Will.
---
**IV. STATUTE OF LIMITATIONS
Can you draft the motion
Sure, here's a draft of the motion:
---
IN THE PROBATE COURT OF GRAYSON COUNTY, TEXAS
IN THE MATTER OF THE ESTATE OF:
[Deceased's Name], Deceased
Case No.: [Case Number]
---
MOTION FOR ADDITIONAL INVENTORY AND APPRAISEMENT AND LIST OF CLAIMS
---
I. INTRODUCTION
*.
Parties: -
Plaintiff: [Your Name], Beneficiary
-
Defendant: [Executrix’s Name], Independent Executrix of the Estate of [Deceased's Name]
*.
Jurisdiction and Venue: - The court has jurisdiction under [relevant statute or code].
- Venue is proper in this court because the deceased was a resident of Grayson County and the estate includes real property located in Grayson County.
---
II. FACTUAL BACKGROUND
*.
Decedent’s Death: - [Deceased's Name] passed away on [Date of Death].
*.
Probate Proceedings: - The Will of [Deceased's Name] was admitted to probate on [Date].
- Defendant was appointed asthe Independent Executrix.
- No distribution has been made, and real property is mischaracterized.
---
III. CLAIMS
*.
Not Listing All Assets in the Estate Inventory: -
Cause of Action: Breach of Fiduciary Duty, Fraudulent Concealment
-
Facts: Defendant failed to list all assets, including [details of omitted assets].
*.
Mischaracterizing Real Property: -
Cause of Action: Fraud, Breach of Fiduciary Duty
-
Facts: Defendant mischaracterized real property located at [property address] by [describe mischaracterization].
*.
Failure to Notify and Distribute to Beneficiaries: -
Cause of Action: Breach of Fiduciary Duty, Failure to Notify Beneficiaries
-
Facts: Defendant failed to notify and distribute assets to named beneficiaries, including [Beneficiary Names].
*.
False Statement in Affidavit of Compliance: -
Cause of Action: Fraud, Breach of Fiduciary Duty
-
Facts: Defendant falsely claimed to be the sole beneficiary under the terms of the Will.
---
IV. STATUTE OF LIMITATIONS TOLLING
*.
I have to file a complaint
Understood. Here’s a draft of your complaint for additional inventory and appraisement:
---
IN THE PROBATE COURT OF GRAYSON COUNTY, TEXAS
IN THE MATTER OF THE ESTATE OF:
[Deceased's Name], Deceased
Case No.: [Case Number]
---
COMPLAINT FOR ADDITIONAL INVENTORY AND APPRAISEMENT AND LIST OF CLAIMS
I. INTRODUCTION
*. Parties:
- Plaintiff: [Your Name], Beneficiary
- Defendant: [Executrix’s Name], Independent Executrix of the Estate of [Deceased's Name]
*. Jurisdiction and Venue:
- The court has jurisdiction under [relevant statute or code].
- Venue is proper in this court because the deceased was a resident of Grayson County and the estate includes real property located in Grayson County.
---
II. FACTUAL BACKGROUND
*. Decedent’s Death:
- [Deceased's Name] passed away on [Date of Death].
*. Probate Proceedings:
- The Will of [Deceased's Name] was admitted to probate on [Date].
- Defendant was appointed as the Independent Executrix.
- No distribution has been made, and real property is mischaracterized.
---
III. CLAIMS
*. Not Listing All Assets in the Estate Inventory:
- Cause of Action: Breach of Fiduciary Duty, Fraudulent Concealment
- Facts: Defendant failed to list all assets, including [details of omitted assets].
*. Mischaracterizing Real Property:
- Cause of Action: Fraud, Breach of Fiduciary Duty
- Facts: Defendant mischaracterized real property located at [property address] by [describe mischaracterization].
*. Failure to Notify and Distribute to Beneficiaries:
- Cause of Action: Breach of Fiduciary Duty, Failure to Notify Beneficiaries
- Facts: Defendant failed to notify and distribute assets to named beneficiaries, including [Beneficiary Names].
*. False Statement in Affidavit of Compliance:
- Cause of Action: Fraud, Breach of Fiduciary Duty
- Facts: Defendant falsely claimed to be the sole
I also have to request a show cause hearing
Here’s how you can incorporate the request for a show cause hearing into your complaint:
---
IN THE PROBATE COURT OF GRAYSON COUNTY, TEXAS
IN THE MATTER OF THE ESTATE OF:
[Deceased's Name], Deceased
Case No.: [Case Number]
---
COMPLAINT FOR ADDITIONAL INVENTORY AND APPRAISEMENT AND LIST OF CLAIMS AND REQUEST FOR SHOW CAUSE HEARING
I. INTRODUCTION
*. Parties:
- Plaintiff: [Your Name], Beneficiary
- Defendant: [Executrix’s Name], Independent Executrix of the Estate of [Deceased's Name]
*. Jurisdiction and Venue:
- This court has jurisdiction under [relevant statute or code].
- Venue is proper in this court because the deceased was a resident of Grayson County and the estate includes real property located in Grayson County.
---
II. FACTUAL BACKGROUND
*. Decedent’s Death:
- [Deceased's Name] passed away on [Date of Death].
*. Probate Proceedings:
- The Will of [Deased's Name] was admitted to probate on [Date].
- Defendant was appointed as the Independent Executrix.
- No distribution has been made, and real property is mischaracterized.
---
III. CLAIMS
*. Not Listing All Assets in the Estate Inventory:
- Cause of Action: Breach of Fiduciary Duty, Fraudulent Concealment
- Facts: Defendant failed to list all assets, including [details of omitted assets].
*. Mischaracterizing Real Property:
- Cause of Action: Fraud, Breach of Fiduciary Duty
- Facts: Defendant mischaracterized real property located at [property address] by [describe mischaracterization].
*. Failure to Notify and Distribute to Beneficiaries:
- Cause of Action: Breach of Fiduciary Duty, Failure to Notify Beneficiaries
- Facts: Defendant failed to notify and distribute assets to named beneficiaries, including [Beneficiary Names].
*. False Statement in Affidavit of Compliance:
- Cause of Action: Fraud, Breach of Fiduciary Duty
- Facts: Defendant falsely claimed to be the sole beneficiary under the terms of
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