Filing Probate Objections Texas

Summary

In Texas, you can file objections to probate inventory and appraisement by drafting a complaint that includes all relevant issues, such as failure to notify beneficiaries and the exclusion of Federal Estate Tax Proceeding valuation. As a successor independent executor, you can file a motion to compel the executrix to fulfill her fiduciary duties and notify beneficiaries. Additionally, you can petition the court for attorneys fees from the estate if you cannot afford legal counsel. Ensure all documents are properly filed and served to relevant parties. Consider seeking legal advice for detailed guidance on drafting and filing these documents.

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Texas. I have a objection to Inventory section *.* cited and served. I have found new information and want to file an objection to Inventory *.* and in that complaint I am adding Failure to Notify beneficiaries. Can I have that added to the show cause hearing if I have not scheduled it yet
****, based on your situation, you can generally add new objections and issues to a show cause hearing, but you will need to properly file these objections with the court first.
- File Objections: File your objections to Inventory *.* and include the failure to notify beneficiaries.
- Amend Hearing: Once filed, you can request the court to amend the issues to be discussed at the show cause hearing.
Would you like more detailed steps on how to file these objections?
Can I just file a new complaint
Yes, you can file a new complaint if you believe that is the most appropriate course of action. In Texas, you would typically need to follow these steps:
- Draft the complaint, including all new objections and issues.
- File it with the appropriate court.
- Serve it to all relevant parties.
Would you like details on how to draft and file the complaint?
Yes
Sure, ****! Here's a brief guide on drafting and filing your complaint in Texas:
*. Draft the Complaint:
- Clearly state your objections to Inventory *.*.
- Include the failure to notify beneficiaries.
- Outline all relevant facts and supporting evidence.
*. File the Complaint:
- Submit the complaint to the appropriate court.
- Pay any required filing fees.
*. Serve the Complaint:
- Ensure all relevant parties are served with the complaint.
- Use proper service methods (e.g., certified mail, personal service).
Do you need any specific details on drafting the complaint?
The Will requires a Federal Estate Tax Proceeding for valuation to be used in the distributions , so does all of that need to be the bases of the probate inventory and Appraisement
In Texas, the probate inventory and appraisement must reflect the accurate value of the estate, which may include the Federal Estate Tax Proceeding valuation.
Federal Estate Tax Proceeding
- Purpose: To determine estate value for tax and distribution purposes.
- Inclusion: Ensure this valuation is included in the probate inventory and appraisement.
Would you like more details on how to incorporate this valuation into your probate documents?
The independent executrix did not include it , or send any notices. She is attempting to still a * million dollar estate. She is not my mother, the second wife
In Texas, the independent executrix has a fiduciary duty to act in the best interests of the estate and beneficiaries. If she failed to include the Federal Estate Tax Proceeding valuation and notify beneficiaries, you can file a motion to compel these actions.
Would you like more details on filing a motion to compel?
Yes
To file a motion to compel in Texas, you can follow these steps:
*. Draft the Motion:
- Clearly outline the executrix's failures.
- Cite relevant laws and fiduciary duties.
- Request specific actions (inclusion of valuation, notifications).
*. File the Motion:
- Submit to the appropriate probate court.
- Pay any necessary fees.
*. Serve the Motion:
- Ensure all interested parties receive a copy.
Would you like more detailed guidance on drafting the motion?
I am filing the complaint to require the show cause hearing and then she will be held accountable. I am requesting funds from the estate for legal counsel since it's unaffordable
To request funds from the estate for legal counsel in Texas, you can follow these steps:
*. Petition for Attorney's Fees:
- Draft a petition outlining your request for funds from the estate to cover legal expenses.
- Justify the necessity of legal counsel and your inability to afford it.
*. File the Petition:
- Submit the petition to the probate court handling the estate.
- Pay any required filing fees.
*. Serve the Petition:
- Ensure all relevant parties (including the executrix) are served with the petition.
Would you like more details on drafting the petition?
I am the successor independent executor
As the successor independent executor, you still have significant responsibilities and rights to ensure the estate is managed correctly. Here are your next steps:
*. File the Complaint:
- Draft your complaint including all relevant objections and issues.
- Ensure to cite the executrix's failure to notify beneficiaries and include the Federal Estate Tax Proceeding valuation.
*. Motion to Compel:
- Clearly outline the executrix’s fiduciary breaches in the motion.
- Request the court to compel her to include the valuation and notify beneficiaries.
*. Petition for Attorney's Fees:
- Justify your need for legal counsel and inability to afford it.
- File and serve the petition to all relevant parties.
Would you like detailed guidance on drafting any specific document?