Answer to Motion to Require Security for Costs

[cpowell]

What is the name of your state (only U.S. law)? Texas I am in a probate case in Texas over my deceased mothers estate. It has been going for 1 1/2 years now. Most of the complaints have been settled up to now. However, there are two big remaining issues left. 600 shares of Exxon Mobile stocks. My stepfather acquired 38 shares in 1984. 10 years after his marriage to my mother. He is arguing to claim these stocks a separate property but can provide no evidence they were a gift. Also the home is in the same contest. His lawyer does not want this to get before the court because they know they will loose. I filed a contest to the inventory so he counterfiled with a motion to require a 4000.00 security for costs. I cant pay that. If the judge grants it and I dont pay it within 20 days, I loose a big portion of her estate. Please somebody help. I am having to do this Pro Se. I cant afford to hire an attorney. They want too much money up front.
Guess no one wants to tackle this one.

 

[Kiawah]

I suspect no one has helped, because you haven't provided enough facts or have a clear question.

Regarding stocks:
- what date were they married,
- Exxon Mobil is made up of the merger of Exxon and Mobil, both having gone thru stock splits prior and after the merger. All that you provide is some statement about 38 shares in 1984 (of what company), and a current ending position of 600 shares in Exxon Mobil. I guess it's not impossible, but to me very unlikely, that some initial purchase of 38 shares of some company, would end up as exactly 600 shares now. You need to know the dates and amounts ($$'s and # shares), of each purchase and sale that may have happened along the way, from the beginning purchase through to the final position of 600 shares of the merged company.
- How were these assets titled? Separate stock certificates, or a brokerage account? Who owned the stock(s) during this period of time?
- At that point, you could then overlay that information with the dates of the marriage, to understand what relevance the marriage did or did not have.

Regarding the house:
- How is it deeded?
- When was it deeded?
- How does it relate to the dates of the marriage?

If you can't afford a lawyer to dig into this and help find all the facts, to then determine what the appropriate course of action is, then you will need to do this yourself. A year and a half is long time without digging for concrete information.

There is nobody on an internet forum who can uncover all of the facts for you.

 

[Dandy Don]

At least have CONSULTATION with an attorney. Is it possible you could post a security bond (which would cost less than the full $4,000 they are asking for)?