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Estate Defense Legal Fees
Summary
In Texas, a successor independent executor can defend the estate and request legal fees from the estate. File a motion in probate court, justify the necessity of legal fees, and obtain court approval. Prepare documentation, including discrepancies in asset valuation, and consider expert opinions. You can also request the executrix to provide accounting and Federal Estate Tax Proceeding documents to ensure transparency and prevent IRS fraud. If the probate is still open, file a motion to compel the filing of a closing report.Full Conversation
I'm in Texas and I am a successor independent executor and Trust Beneficiary of my father's Will. I was lied to but now I know the truth. Can I defend the estate and request legal fees from the estate to obtain an Attorney to protect myself and my deceased sisters son from the independent executrix that is not my mother
In Texas, you can generally defend the estate and request legal fees from the estate to obtain an attorney. Here are some key points:
- As a successor independent executor, you have the right to defend the estate.
- You can request that the estate covers reasonable legal fees if they are necessary for the administration and protection of the estate.
Would you like more detailed information on how to proceed with this?
- As a successor independent executor, you have the right to defend the estate.
- You can request that the estate covers reasonable legal fees if they are necessary for the administration and protection of the estate.
Would you like more detailed information on how to proceed with this?
Yes
In Texas, here are the steps you should consider:
*. File a Motion: Submit a motion to the probate court requesting authorization to use estate funds for legal fees.
*. Provide Justification: Demonstrate that the legal fees are necessary for the administration and protection of the estate.
*. Court Approval: Obtain approval from the probate court.
Do you need information on how to file a motion in probate court?
*. File a Motion: Submit a motion to the probate court requesting authorization to use estate funds for legal fees.
*. Provide Justification: Demonstrate that the legal fees are necessary for the administration and protection of the estate.
*. Court Approval: Obtain approval from the probate court.
Do you need information on how to file a motion in probate court?
I am filing an Objection to inventory for fraudulent concealment of assets and my status. I never received notice
Got it, ****. Here are some general steps to take when filing an Objection to Inventory in Texas:
*. Prepare the Objection: Clearly state the reasons for your objection, including fraudulent concealment of assets and lack of notice.
*. File with Probate Court: Submit your objection in the probate court handling the estate.
*. Serve All Parties: Ensure all interested parties receive a copy of the objection.
Would you like more details on preparing your objection?
*. Prepare the Objection: Clearly state the reasons for your objection, including fraudulent concealment of assets and lack of notice.
*. File with Probate Court: Submit your objection in the probate court handling the estate.
*. Serve All Parties: Ensure all interested parties receive a copy of the objection.
Would you like more details on preparing your objection?
My father also required a Federal Estate Tax Proceeding for a valuation of his gross Estate to determine the values between the proceeding and the date of distribution. Those assets and valuation were not in the estate inventory. Her sworn affidavit of the value was *,* but the actual value was just under *,*,*
It sounds like you have a strong case given the substantial discrepancy in the estate valuation. Here are key points regarding your concern:
*. Federal Estate Tax Proceeding: Ensure accurate valuation of the estate assets.
*. Fraudulent Concealment: Document discrepancies and present evidence.
*. Affidavit Discrepancy: Highlight the significant difference in asset values.
Would you like guidance on how to gather evidence for your case?
*. Federal Estate Tax Proceeding: Ensure accurate valuation of the estate assets.
*. Fraudulent Concealment: Document discrepancies and present evidence.
*. Affidavit Discrepancy: Highlight the significant difference in asset values.
Would you like guidance on how to gather evidence for your case?
Yes
Sure, ****. Here's a brief guide on gathering evidence for your case:
*. Collect Documentation: Gather all relevant documents, including the original estate inventory, any correspondence, and financial records.
*. Hire an Expert: Consider hiring a forensic accountant to assess the true value of the estate.
*. Witness Statements: Collect statements from individuals who have knowledge of the estate's assets and valuations.
Do you need more details on hiring a forensic accountant or how to collect witness statements?
*. Collect Documentation: Gather all relevant documents, including the original estate inventory, any correspondence, and financial records.
*. Hire an Expert: Consider hiring a forensic accountant to assess the true value of the estate.
*. Witness Statements: Collect statements from individuals who have knowledge of the estate's assets and valuations.
Do you need more details on hiring a forensic accountant or how to collect witness statements?
Her own filings are the best evidence and the Last Will and Testament which is a Testamentary Will
It sounds like you have a solid basis for your claims, given the significant discrepancy in asset values and the supporting documents you mentioned.
Would you like information on how to proceed with presenting these filings and the Last Will and Testament to the court?
Would you like information on how to proceed with presenting these filings and the Last Will and Testament to the court?
Fraudulent Concealment of Estate assets and a beneficiary that is the successor independent executor is a serious matter
Hi ****, it seems you have a strong case. Here’s how to proceed with presenting your filings and the Last Will and Testament to the court:
*. Prepare Documentation: Organize all documents, including the will, inventory, and discrepancies.
*. File with Probate Court: Submit your evidence and motion to the probate court.
*. Attend Hearing: Be prepared to present your case and explain the discrepancies.
Would you like more details on any of these steps?
*. Prepare Documentation: Organize all documents, including the will, inventory, and discrepancies.
*. File with Probate Court: Submit your evidence and motion to the probate court.
*. Attend Hearing: Be prepared to present your case and explain the discrepancies.
Would you like more details on any of these steps?
This is my basis for the request for legal fees from the estate
In Texas, as a successor independent executor and trust beneficiary, you have a strong basis for requesting legal fees from the estate, especially given the alleged fraudulent concealment and significant asset discrepancy.
Steps to Request Legal Fees:
*. File a Motion: Submit a motion to the probate court requesting authorization to use estate funds for legal fees.
*. Provide Justification: Clearly demonstrate that the legal fees are necessary for the administration and protection of the estate.
*. Court Approval: Obtain approval from the probate court.
Would you like more detailed guidance on drafting the motion to request legal fees?
*. File a Motion: Submit a motion to the probate court requesting authorization to use estate funds for legal fees.
*. Provide Justification: Clearly demonstrate that the legal fees are necessary for the administration and protection of the estate.
*. Court Approval: Obtain approval from the probate court.
Would you like more detailed guidance on drafting the motion to request legal fees?
The the requirement for a Federal Estate Tax Proceeding is evidence I would think of the assets that should of been the estate inventory. My father transferred everything to his Estate Trust after the valuation
It seems like you have a substantial case. Here are some steps to handle the Federal Estate Tax Proceeding:
*. Review Trust Documents: Examine the trust documents to understand asset transfers.
*. Gather Evidence: Collect all documents showing asset transfers and valuations.
*. Consult an Expert: Consider hiring a tax attorney or forensic accountant.
Would you like more details on how to gather this evidence effectively?
*. Review Trust Documents: Examine the trust documents to understand asset transfers.
*. Gather Evidence: Collect all documents showing asset transfers and valuations.
*. Consult an Expert: Consider hiring a tax attorney or forensic accountant.
Would you like more details on how to gather this evidence effectively?
I want the court to intervene and request a removal order after she is cited to a show cause hearing
To request a removal order after citing her to a show cause hearing in Texas, consider these steps:
*. File a Petition: Submit a petition to the probate court for removal of the independent executrix.
*. Show Cause Hearing: Request a show cause hearing to present evidence of misconduct or mismanagement.
*. Present Evidence: Provide documentation of fraudulent concealment and asset discrepancies.
Would you like guidance on drafting the petition for removal?
*. File a Petition: Submit a petition to the probate court for removal of the independent executrix.
*. Show Cause Hearing: Request a show cause hearing to present evidence of misconduct or mismanagement.
*. Present Evidence: Provide documentation of fraudulent concealment and asset discrepancies.
Would you like guidance on drafting the petition for removal?
Does the Texas Trust Code provide necessary legal fees for an successor independent executor paid by the estate like it does for the independent executrix
Yes, the Texas Trust Code generally provides that a successor independent executor is entitled to have their necessary legal fees paid by the estate, just as an independent executrix would. This is contingent on those fees being necessary for the administration and protection of the estate.
Would you like more information on how to demonstrate the necessity of these legal fees to the court?
Would you like more information on how to demonstrate the necessity of these legal fees to the court?
Yes
You have a strong case, ****. Here’s how to demonstrate the necessity of legal fees to the court:
*. Detailed Explanation: Clearly explain why the legal fees are necessary for the estate’s administration and protection.
*. Documentation: Provide supporting documents showing misconduct and discrepancies.
*. Expert Opinion: Consider including an expert’s testimony or report.
Would you like more details on drafting these documents?
*. Detailed Explanation: Clearly explain why the legal fees are necessary for the estate’s administration and protection.
*. Documentation: Provide supporting documents showing misconduct and discrepancies.
*. Expert Opinion: Consider including an expert’s testimony or report.
Would you like more details on drafting these documents?
Fraudulent Concealment of Assets , failure to notify beneficiaries required in the Court instructions. Aggravated Perjury in her sworn affidavits I think is Good cause
You have a very strong case with substantial evidence of misconduct. Here's how to proceed with drafting documents to request the court to cover your legal fees:
*. Detailed Explanation: Clearly outline why the legal fees are necessary for the administration and protection of the estate.
*. Documentation: Attach all relevant documents showing the fraudulent concealment and discrepancies.
*. Expert Opinion: Consider including testimony or reports from experts like forensic accountants.
Would you like more detailed guidance on drafting these documents?
*. Detailed Explanation: Clearly outline why the legal fees are necessary for the administration and protection of the estate.
*. Documentation: Attach all relevant documents showing the fraudulent concealment and discrepancies.
*. Expert Opinion: Consider including testimony or reports from experts like forensic accountants.
Would you like more detailed guidance on drafting these documents?
I will need to include the request for her to provide the accounting
To include a request for her to provide accounting, follow these steps:
*. Add a Request: Clearly state in your motion or petition that you are requesting the court to order the independent executrix to provide a complete and accurate accounting of the estate.
*. Justify the Request: Explain why the accounting is necessary, citing discrepancies and the need for transparency.
*. Attach Evidence: Include any documentation that supports your claim of fraudulent concealment and asset discrepancies.
Would you like a template for drafting this request?
*. Add a Request: Clearly state in your motion or petition that you are requesting the court to order the independent executrix to provide a complete and accurate accounting of the estate.
*. Justify the Request: Explain why the accounting is necessary, citing discrepancies and the need for transparency.
*. Attach Evidence: Include any documentation that supports your claim of fraudulent concealment and asset discrepancies.
Would you like a template for drafting this request?
Can I also request that she provide the Federal Estate Tax Proceeding to ensure she did not defraud the IRS
Yes, you can request that she provides the Federal Estate Tax Proceeding to ensure there was no fraud. Here are the steps:
*. File a Motion: Submit a motion to the probate court requesting the executrix to provide the Federal Estate Tax Proceeding documents.
*. Justify the Request: Explain the necessity of these documents in verifying the estate's accurate valuation and preventing IRS fraud.
*. Attach Evidence: Include supporting documents highlighting discrepancies and the need for transparency.
Would you like a template for drafting this motion?
*. File a Motion: Submit a motion to the probate court requesting the executrix to provide the Federal Estate Tax Proceeding documents.
*. Justify the Request: Explain the necessity of these documents in verifying the estate's accurate valuation and preventing IRS fraud.
*. Attach Evidence: Include supporting documents highlighting discrepancies and the need for transparency.
Would you like a template for drafting this motion?
Probate is still open because she doesn't want to file a closing report
It sounds like you have a strong case given the circumstances. Here are the steps you can take to address the issue of the executrix not filing a closing report:
*. File a Motion to Compel: Submit a motion to the probate court requesting the court to compel the executrix to file the closing report.
*. Justify the Motion: Clearly explain the reasons why the closing report is necessary, including the administration and finalization of the estate.
*. Attach Evidence: Include any documentation showing the delay and its impact on the estate.
Would you like a template for drafting the motion to compel the filing of the closing report?
*. File a Motion to Compel: Submit a motion to the probate court requesting the court to compel the executrix to file the closing report.
*. Justify the Motion: Clearly explain the reasons why the closing report is necessary, including the administration and finalization of the estate.
*. Attach Evidence: Include any documentation showing the delay and its impact on the estate.
Would you like a template for drafting the motion to compel the filing of the closing report?
Is a closing report file in probate records
Yes, a closing report is typically filed in probate records. It's an essential document to finalize the administration of the estate. Here are some key points:
- Purpose: Summarizes the administration of the estate and confirms that all debts and taxes have been paid.
- Requirement: Required to close the probate process officially.
- Contents: Includes a final accounting, distribution of assets, and confirmation of resolved liabilities.
Would you like more details on what should be included in the closing report?
- Purpose: Summarizes the administration of the estate and confirms that all debts and taxes have been paid.
- Requirement: Required to close the probate process officially.
- Contents: Includes a final accounting, distribution of assets, and confirmation of resolved liabilities.
Would you like more details on what should be included in the closing report?
The reason I can file an objection to Inventory is because it's still open after 12 years
To file an objection to the Inventory because it's still open after 12 years, consider these steps:
*. Prepare the Objection: Clearly state the delay and any discrepancies in the inventory.
*. File with Probate Court: Submit your objection to the probate court handling the estate.
*. Serve All Parties: Ensure all interested parties receive a copy of the objection.
Would you like more information on how to draft this objection?
*. Prepare the Objection: Clearly state the delay and any discrepancies in the inventory.
*. File with Probate Court: Submit your objection to the probate court handling the estate.
*. Serve All Parties: Ensure all interested parties receive a copy of the objection.
Would you like more information on how to draft this objection?
Even my sister
It appears you have a substantial case with multiple points of contention. Here's how to proceed:
*. File the Objection: Clearly state the reasons for your objection, including the prolonged delay and discrepancies in the inventory.
*. Gather Evidence: Collect all supporting documents, including affidavits, estate tax proceedings, and any discrepancies.
*. Request Legal Fees: File a motion to request the court to authorize the use of estate funds for your legal fees.
Would you like a template for drafting the objection or the motion to request legal fees?
*. File the Objection: Clearly state the reasons for your objection, including the prolonged delay and discrepancies in the inventory.
*. Gather Evidence: Collect all supporting documents, including affidavits, estate tax proceedings, and any discrepancies.
*. Request Legal Fees: File a motion to request the court to authorize the use of estate funds for your legal fees.
Would you like a template for drafting the objection or the motion to request legal fees?
Thanks for now
It looks like you have a strong case with substantial evidence of misconduct and discrepancies. If you need further assistance, feel free to reach out. Good luck with your legal proceedings, ****!
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