Communication??

What is the name of your state? Texas

My mother's husband of one year is executor to her will. Her "will" states that her residence be divided equally, between him and I. Since I live in another state, there has not been any type of communication from him since her death.. With some of research, I found out that his lawyer finally filed my mother's will to the probate courts.

Is there a point during probate he must communicate the outcome of the probate with me or will the county office contact me?

How was the house titled when she died?

the house title was in her name only, not his..

Should i get legal help?

Bruin fan said:

What is the name of your state? Texas

My mother's husband of one year is executor to her will. Her "will" states that her residence be divided equally, between him and I. Since I live in another state, there has not been any type of communication from him since her death.. With some of research, I found out that his lawyer finally filed my mother's will to the probate courts.

Is there a point during probate he must communicate the outcome of the probate with me or will the county office contact me?

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How long ago was the will filed for probate?

Texas probate code is at this link. Check out Sections 128 and 149.
http://tlo2.tlc.state.tx.us/statutes/pb.toc.htm

The will was filed in January 2008; 3 moonths after her death.

Are there other assets mentioned in the will besides the home?

Is he presently living in the home? If so, he may be reluctant to sell it. Ask the attorney if he thinks the man would be willing to sell or if he would ask him this question on your behalf.

All the assets belong to him, except the house..i am willing to sell my half. From what I have heard, he is in the process of renting the house out.. Should I be informed by him about renting the house, since half the house will be mine when the probate closes?

Yes, you should be informed, but he is probably not aware of his legal responsibilities or is maybe trying to rent it out in the hopes that after probate closes you will be more reluctant to agree to a sale. Consult with an attorney to find out if there is a way for you to force the sale of the home and if you should be sending him a letter or phone call NOW to ask if he would prefer to sell.

Once probate closes, who will notify me? The court or the executor?

Does he know your current address? Since he appears not to want to communicate, you should try to be proactive by trying to attend one or more of the probate hearings in person if you can.

He has my address. Since I live in another state, i will ask one my relatives close by to attend one of the hearings on my behalf.. I hope this helps out... i am still unclear of who will notify me once probate closes?

Bruin fan said:

He has my address. Since I live in another state, i will ask one my relatives close by to attend one of the hearings on my behalf.. I hope this helps out... i am still unclear of who will notify me once probate closes?

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Unless Texas operates differently than almost every other state, it is the executor's responsibility to communicate with the interested parties.

By the way, opening probate proceedings three months after death may be a bit long, but is not an extraordinary length of time. And, if I remember it correctly for Texas, the personal rep has 60 days from receiving the appointment to send you notice of the commencement of probate proceedings.

This is unsolicited advice. But, you seem very timid about this whole matter. If you somehow suspect that stepfather is up to no good, you shuld be more proactive. Call him. Call the estate attorney. What's the worst that can happen? They refuse to talk to you? Then, you become more aggressive.