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Family member lied and said there was no will

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texmz

Junior Member
What is the name of your state (only U.S. law)? TEXAS

A family member lied and said there was no will. She got herself appointed as administrator of the estate. She did this without telling anyone. There IS a will and it is about to be filed for probate. What can we expect from this point? She has already done things with his estate. Does it all start all over again?
 


justalayman

Senior Member
She got herself appointed as administrator of the estate.
well, somebody has to. Did you apply to be administrator?
She did this without telling anyone.
and the problem is?
There IS a will and it is about to be filed for probate.
good

What can we expect from this point?
that the will be be probated and the estate distributed per the will with any unassigned assets being distributed per the laws of intestate succession.

She has already done things with his estate.
like what?

Does it all start all over again?
does what start all over again?
 

texmz

Junior Member
The thing is...she knew there was a will. She had to take an oath that there was not a will. Things are divided differently when there is no will. Three of the heirs are left out in this case because of step family situation. Pension fund was cashed in and some stock accounts too.

I just assumed you had to tell the truth when you are under oath.
 

justalayman

Senior Member
The thing is...she knew there was a will. She had to take an oath that there was not a will. Things are divided differently when there is no will. Three of the heirs are left out in this case because of step family situation. Pension fund was cashed in and some stock accounts too.

I just assumed you had to tell the truth when you are under oath.
well, you do. You didn't give any specifics before. I could only answer based on what you presented.

So, is anybody doing anything now? Is anybody contesting her appointment as admin? especially since she lied about the situation?

the moneys that were disbursed improperly; if it was due to her actions, she may be able to be held liable for the money to the rightful heirs if it cannot be reclaimed to whomever received it.

You really need an attorney.
 

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