Summary
In Texas, trust beneficiaries are generally not included in probate applications unless specifically named in the will. Heirs and named beneficiaries should receive notice. If omitted, contact the probate court and consult a probate attorney for guidance. If you suspect fraud, gather evidence and consider filing an objection. A show cause hearing may require you to present evidence like deeds or divorce decrees. Legal representation is crucial for navigating potential fraud and procedural errors.Full Conversation
Is a Trust beneficiary of the Will need to included in the Application for Probate of Will and Codicil in Texas
In Texas, a trust beneficiary does not typically need to be included in the application for probate of a will and codicil. The application usually requires listing the decedent's heirs and any beneficiaries named in the will. However, the specifics can vary.
One question: Have you consulted with an attorney about the probate process?
I am an heir, beneficiary and son of the decedent
In Texas, the application for probate generally requires listing the decedent's heirs and any beneficiaries named directly in the will, not necessarily trust beneficiaries. However, it can get complicated.
Have you started the probate process already, or are you looking for advice on how to begin?
I am named as a beneficiary specifically by my name. The Will states I am a beneficiary, but I am suppose to be the trustee of my own trust
In Texas, the application for probate typically requires listing the decedent's heirs and beneficiaries named in the will, but trust beneficiaries are generally not included in the application. Since you are named as a beneficiary and also supposed to be the trustee of your own trust, it can get more complex.
One relevant question: Have you begun the probate process yet, or are you seeking advice on initiating it?
I am the decedents heir it's my father
In Texas, the probate process can be complex, especially when dealing with trusts. As you are both an heir and a beneficiary named in the will, you will likely need to be included in the application for probate.
Key Points:
- Heirs and Beneficiaries: Typically need to be listed in the application for probate.
- Trust Beneficiaries: Generally not included in the application unless specifically named in the will.
Have you already filed the application for probate, or are you looking for guidance on how to proceed?
I did not file it the independent executrix did leaving me off there so the court did not send a citation, nor did I receive notice
It sounds like there may be some procedural errors in the probate process. In Texas, heirs and named beneficiaries in the will should generally receive notice.
Key Points:
- Notice Requirement: Heirs and named beneficiaries must be notified.
- Independent Executrix: Should have included all relevant parties in the application.
Have you considered contacting the probate court to address this omission?
No it's the method of how to steal an inheritance. SHE also filed she was the only beneficiary
It sounds like you may have a strong case for contesting the probate process due to procedural errors and potential fraud. Here are some steps you might consider:
- Contact the Probate Court: Inform them about the omission and lack of notice.
- Consult an Attorney: Given the complexity and potential fraud, an attorney specializing in probate law could be invaluable.
Have you thought about seeking legal advice from a probate attorney?
It's all fraud including the inventory.
It seems your situation involves potential fraud and significant procedural errors. Here are some steps to consider:
- Contact the Probate Court: Report the omission and the lack of notice.
- Consult an Attorney: Given the potential fraud, a probate attorney is essential.
One question: Have you gathered any evidence to support your claims of fraud?
Yes. Her own documents that she filed including the estate inventory does not include any personal assets
Given the potential fraud and procedural errors, it sounds like you have a strong case for contesting the probate process.
Key Points:
- Contact the Probate Court: Report the omission and lack of notice.
- Consult an Attorney: Find one specializing in probate law to guide you.
Have you already taken any steps to file a formal complaint with the probate court?
yes objection to Inventory has been cited and served
Given that you have already served an objection to the inventory and have evidence of potential fraud, you appear to have a strong basis for contesting the probate process.
Key Points:
- Contact the Probate Court: Ensure you follow up on your objection.
- Consult an Attorney: Essential for navigating potential fraud and procedural errors.
One question: Have you scheduled a hearing or court date to address your objection?
She just filed original answer and now I will go request a court date
It sounds like you're on the right track. Here are some key points:
- Follow Up: Make sure to follow up with the probate court on your objection.
- Request Court Date: Request a court date to address your objection.
- Consult an Attorney: Given the complexity and potential fraud, ongoing legal advice is crucial.
Have you considered which documents or evidence you will present at the hearing?
It's called a show cause hearing
A show cause hearing typically requires the party to justify or explain why the court should not take a proposed action.
Here are some key points:
- Prepare Evidence: Gather all documents that support your case.
- Legal Representation: Essential for navigating potential fraud and procedural errors.
- Follow Court Procedures: Ensure all filings and notices are in order.
Have you already identified which documents you plan to present at the hearing?
Yes it's simple on the correction to inventory I have the deeds and a divorce decree that shows the property in first marriage with my mother
Key Points:
- Prepare Evidence: Gather and organize deeds, the divorce decree, and any other relevant documents.
- Follow Procedures: Ensure all filings and notices are properly submitted.
- Legal Representation: Consult a probate attorney for guidance.
One question: Have you confirmed the procedure for presenting your evidence at the show cause hearing?
TRY ME!
Start a new chat