Questions on administrative action on estate

[jaysway]

Texas

Hey guys I need some help here. I am my brothers power of attorney. He is currently incarcerated. His father passed away last February and his wife took all his belongings without giving my brother anything. I was working on filing the an administration and the wife beat me to it. beat me to it. My brother was served a copy of the paper work last week and I have until Monday at 10am to respond to it. I have uploaded the documents and edited out last names and such. If anybody could be so kind as to read these and give me an idea of how I need to respond to this, it would be greatly appreciated.

http://postimg.org/gallery/2y8u8fr76/

Any help is welcome because I can not pay for an attorney and have no clue what Im going to do before Monday. Thanks in advance.

 

[Eekamouse]

Texas

Hey guys I need some help here. I am my brothers power of attorney. He is currently incarcerated. His father passed away last February and his wife took all his belongings without giving my brother anything. I was working on filing the an administration and the wife beat me to it. beat me to it. My brother was served a copy of the paper work last week and I have until Monday at 10am to respond to it. I have uploaded the documents and edited out last names and such. If anybody could be so kind as to read these and give me an idea of how I need to respond to this, it would be greatly appreciated.

http://postimg.org/gallery/2y8u8fr76/

Any help is welcome because I can not pay for an attorney and have no clue what Im going to do before Monday. Thanks in advance.

When you say wife, I assume you mean the wife of your brother's father (aka your brother's step-mother)? If so, unless his father had a will stating otherwise, everything he owned goes to his wife upon his death so what exactly is the problem?

 

[justalayman]

nothing like waiting until the last minute.

is he contesting the appointment of Sharla as administer of the estate? or anything else in the filing?

 

[jaysway]

I'm sorry for waiting until the last minute. I was out of town when this letter came in and I just got home today.

Yes the wife is Roberts (deceased) wife, Sharla. There was/is a will. I'm not sure what the will reads but I do know he left a significant amount to Brandon ( Roberts son). The problem is Sharla has not abided by it and Brandon hasn't gotten anything. Sharla caught wind of me working towards filing as administrator, and this is the result of that.

 

[jaysway]

Yes he does contest it. She has not abided by the will and has acted very selfishly. I do not know her at all, so my opinion is based on her actions throughout this whole ordeal.

 

[justalayman]

I'm sorry for waiting until the last minute. I was out of town when this letter came in and I just got home today.

Yes the wife is Roberts (deceased) wife, Sharla. There was/is a will. I'm not sure what the will reads but I do know he left a significant amount to Brandon ( Roberts son). The problem is Sharla has not abided by it and Brandon hasn't gotten anything. Sharla caught wind of me working towards filing as administrator, and this is the result of that.

the filing said there was no will. Why do you believe there is a will?

 

[anteater]

If so, unless his father had a will stating otherwise, everything he owned goes to his wife upon his death so what exactly is the problem?

Not correct.

 

[justalayman]

Yes he does contest it. She has not abided by the will and has acted very selfishly. I do not know her at all, so my opinion is based on her actions throughout this whole ordeal.

no action is taken as to a wills directions until probate is filed (at least in most states). It is through probate the will is validated and then it is enforced.

but what, exactly, is he contesting?

 

[justalayman]

When you say wife, I assume you mean the wife of your brother's father (aka your brother's step-mother)? If so, unless his father had a will stating otherwise, everything he owned goes to his wife upon his death so what exactly is the problem?

actually under the laws of intestate succession a child of the decedent that is not also a child of the wife inherits a considerable percentage of the estate.

when the heirs are a spouse and children who are not the children of your spouse


spouse inherits 1/3 of your separate personal property and the right to use your real estate for life
children inherit everything else, including your 1/2 interest in the community property

 

[jaysway]

Robert told Melinda (Brandons mother) that there was a will in place because he feared that Sharla wouldn't do the right thing.

I am going to try to find out more information on the will tomorrow.

Justalayman I don't see in the court document where it says there was no will? Is it termed differently?

Thank you for your help justalayman and everyone else. And for your patience with me as I lack knowledge on legal proceedings/documents.

 

[anteater]

Section 2:

Decedent died intestate...

That means without a will.

 

[jaysway]

OK thank you.

So how should I handle this letter? Do I respond to it?

 

[Eekamouse]

actually under the laws of intestate succession a child of the decedent that is not also a child of the wife inherits a considerable percentage of the estate.

That is correct. I was wrong in my generalization. I'm curious, though, about how your friend could know for certain that Sharla is not going to give him anything when he gets out of prison? Does he have a contentious relationship with his step-mother? Have you spoken to her on your friend's behalf?

 

[justalayman]

The only thing I can see that your brother might contest is the belief there is a will. The problem is unless somebody other than sharla, who either believes there is not a will or intends on keeping the will hidden, has actual proof of a will, it is likely the estate will move through probate as an intestate estate.

Comments such as Robert told Melinda there was a will are often claimed to be said or even actually said but unless somebody has seen a will or knows where it is being held and that party will produce it, there is little the court can do to make somebody produce a will they may or may not exist.

Often times a person makes statements such as claimed with the intent of making a will but for some reason they never actually get around to writing a will. Sometimes they make such statements to appease the party they are speaking to with no intent of actually making a will.

The thing I see is that without a will Brandon stands to inherit more from his father than sharla will so unless a will might direct even more to Brandon than the he would recieve under an intestate probate, it may be best left as it is.

 

[jaysway]

That is correct. I was wrong in my generalization. I'm curious, though, about how your friend could know for certain that Sharla is not going to give him anything when he gets out of prison? Does he have a contentious relationship with his step-mother? Have you spoken to her on your friend's behalf?

Brandon is a screw up, but his father did love him. Sharla had received checks for Brandon from a few insurance policies Robert had and shredded them. I had to have the checks reissued and mailed to me. Brandon has no relationship with Sharla, from what I understand she can't stand him. I know for a fact they don't have any relationship at all.

So the court will make Sharla the administrator, how will it get handled from here on out? Will the court give an order to divide property/assets up and thats what Sharla must follow? Or is everything left up to Sharla on what Brandon gets?

Please excuse my ignorance on how any of this works. Thank you.