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Is this a long time for a probate case to be filed?

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Shadowbunny

Queen of the Not-Rights
What is the name of your state (only U.S. law)? TX

First, the disclaimer: this is on behalf of my husband. I know it's usually best to have the affected party post, but he asked me to post for him since I already have an account. Now for the situation:

Husband's estranged father died in March, leaving no will and survived by a wife, a daughter, and my husband. On behalf of his father's wife, the probate lawyer called my DH. He initially offered to opt out of any shares of his father's estate, but the probate lawyer advised to wait until probate was over to make that decision, and estimated about 3 months for that process. It is now 8 month later, and the lawyer will not take his calls or answer his questions. I've checked the probate website for the county his father resided in (also the same county the attorney is located) and there is no probate case filed; the court clerk confirmed this.

I've never dealt with probate before --is 8 months a long time for probate to be filed? There seemed to be a war brewing between my MIL and SIL over the estate -- would that hold up filing?

Thanks,

Dena
 


tranquility

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

First, the disclaimer: this is on behalf of my husband. I know it's usually best to have the affected party post, but he asked me to post for him since I already have an account. Now for the situation:

Husband's estranged father died in March, leaving no will and survived by a wife, a daughter, and my husband. On behalf of his father's wife, the probate lawyer called my DH. He initially offered to opt out of any shares of his father's estate, but the probate lawyer advised to wait until probate was over to make that decision, and estimated about 3 months for that process. It is now 8 month later, and the lawyer will not take his calls or answer his questions. I've checked the probate website for the county his father resided in (also the same county the attorney is located) and there is no probate case filed; the court clerk confirmed this.

I've never dealt with probate before --is 8 months a long time for probate to be filed? There seemed to be a war brewing between my MIL and SIL over the estate -- would that hold up filing?

Thanks,

Dena
Is there anything you are aware of that would require opening probate?
 

Shadowbunny

Queen of the Not-Rights
@ Tranquility: we're just going off of what the MIL's attorney told DH: that because there was no will, probate would be happening. I'd be lying if I said I understood the first thing about estate law; I assumed that probate was necessary since there was no will. Am I really off base with that belief?

@ curb1: Not the bio-mother. FIL married a couple of times after divorcing bio-mother; DH has never met his Dad's wife.
 

tranquility

Senior Member
If there's no property that isn't otherwise titled, there is no probate. As well, if it is just some stuff that was owned, it would be a beneficiary or creditor that would have to open probate if they wanted to. The wife would not have to and might just have to safe keep the property. The only reason the wife would want to open probate is if there was some large or titled property she wants to transfer to her name (Or, other reasons to settle the estate.)
 

Shadowbunny

Queen of the Not-Rights
That makes sense, Tranquility. We're frustrated just because the attorney was so very insistent that she needed DH's cooperation, then has gone dark on him. Sounds trite, but at this point I think he just wants some closure.

Would it be possible that his sister could be holding up the process if she was contesting the distribution of property? Or are estate laws cut and dried enough when it comes to a "no-will-small-estate" situation that there's no "process" to delay?

And my apologies for needing it broken down to me Barney-style -- this is all new territory.
 

anteater

Senior Member
The problem is that you are asking for an awful lot of speculation. Conceivably, anything could be going on. Heck... If stepmother and sister started squabbling, the attorney may have decided that she didn't need the aggravation.

Does your husband have any idea what assets might be subject to probate?

One thing I do remember about the use of a small estate affidavit in Texas. As an heir, your husband would have had to sign and swear to the contents of the affidavit.
 

Shadowbunny

Queen of the Not-Rights
The atty told DH that it had to go through probate, although she didn't say why. The only thing he's signed is a document that stated he was ok with the wife being the executor.

As far as assets, the sister claims it's nothing but personal effects - but she's been known to be less than forthright.
 

anteater

Senior Member
Has your husband tried to contact father's wife to ask what is happening?

Other than saying that it is somewhat unusual to not have the case filed by now if your husband signed a waiver to allow appointment of the wife to administer the estate. Perhaps the attorney jumped the gun and then later realized that there were no assets that were subject to probate (?).
 

Shadowbunny

Queen of the Not-Rights
DH has been hesitant to contact father's wife as it just seems, well, unseemly. But perhaps he should give that a shot. I have a feeling that you may have nailed it that the atty jumped the proverbial probate gun. I really do appreciate your input; thank you.
 

anteater

Senior Member
DH has been hesitant to contact father's wife as it just seems, well, unseemly. But perhaps he should give that a shot. I have a feeling that you may have nailed it that the atty jumped the proverbial probate gun. I really do appreciate your input; thank you.
I understand that he may feel awkward. Maybe he could approach it as having signed the waiver for administrator appointment and told the attorney that he was willing to disclaim any interest. And that he has not heard anything further from the attorney and just wants to know if there is anything he needs to do.
 

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