ex-husband is greedy

What is the name of your state? TEXAS**************.....Hoping someone can help me to understand. my daughter passed away ll-05. She was divorced over 5 years. received home, property and car in divorce and husband got business they owned. he then moved back in with her, but moved out permanently and bought a new home 2 months before she died. she left a will giving all her posessions to her mother and nothing to exhusband. the will was probated and her exhusband shows up with an attorney, contesting the will, claiming "commonlaw". O.K. that was fine. This was over 2 years ago when probated and it still has not come up for trial to settle this estate. In the meantime, about 6 months after the probate and contest of will, the exhusband moves into her home, takes over property, her corvette and then proceeds to go and have everything put into his name, home, car, etc., and is living in the home. Isn't this a little illegal? This is still an estate that has not been settled to prove he was a commonlaw husband. He has word out that it is HIS and nobody elses. I, her mother, live in another state over 1000 miles away and am in my seventies and not in good health since the death of my only child and need some information on what I can do to get this over with so I can heal and go on with my life. Can I do anything, being the only beneficiary of the will, to him? It will be 3 years in november of this year since she passed away and it seems like this could have been settled a long time ago. It isn't a million dollar will so it seems it should have been settled sooner than this. Can someone help me, please?? Thanks so much.

What did YOUR lawyer say when you asked him why this was taking so long?

Contact the county courthouse probate court and ask to get a copy of everything in the probate file so you can review exactly what has happened with the estate so far.

After you get an idea of what has happened you can then consult with an attorney to find out how to proceed next. As a beneficiary you are entitled to a portion of the estate if it was not burdened by debt, and whoever the administrator was should have notified you long before now about the estate.

The problem is that by law the husband was entitled to a certain portion of the estate and the will was written incorrectly if it did not provide anything for him.

DANDY DON IN OKLAHOMA ([email protected])

Dandy Don said:

.....The problem is that by law the husband was entitled to a certain portion of the estate and the will was written incorrectly if it did not provide anything for him.
DANDY DON IN OKLAHOMA ([email protected])

Click to expand...

1) Unless a court finds that a common law marriage existed based upon facts that the OP does not provide, it is ex-husband.

2) Can you provide any citation from any state that requires that a will "provide" for a spouse?

Most states (all, I believe) have a provision allowing a surviving spouse to take an elective portion of the deceased spouse's estate. But that is much different from requiring that the surviving spouse be provided for in a will.

OP, are you in Texas or is that where your daughter lived?

Who is the executor under the will? Presumably, it is the executor who is in charge of collecting the property. If ex is living in the house, it is either with the consent of the executor or the executor is not doing his job. Even with a will contest, the executor needs to do his/her job - the contest may effect payout of those assets.

Something doesn't make a lot of sense.

Texas Pooh said:

OP, are you in Texas or is that where your daughter lived?

Who is the executor under the will? Presumably, it is the executor who is in charge of collecting the property. If ex is living in the house, it is either with the consent of the executor or the executor is not doing his job. Even with a will contest, the executor needs to do his/her job - the contest may effect payout of those assets.

Something doesn't make a lot of sense.

Click to expand...

Thanks for replying. O.K. I, the beneficiary of the will is the "executor". I have an attorney but no communication with him. We told him the ex moved into her property, put everyting in his name and nothing has been done. I don't know where to turn anymore. I DID NOT give him permission to move into the home. What do I do? I live in WI and this is in Texas. I am beside myself already as she passed away in 2005 and after 6 months he moved in, lock stock and barrel. My attorney will not call back and when I call, he's either out, with a client or something else. I am grieving so for my only child but want to get this done and over with as I can't heal this way. This is not what she wanted. Thanks again. I so appreciate any advice I can get.

anteater said:

1) Unless a court finds that a common law marriage existed based upon facts that the OP does not provide, it is ex-husband.

2) Can you provide any citation from any state that requires that a will "provide" for a spouse?

Most states (all, I believe) have a provision allowing a surviving spouse to take an elective portion of the deceased spouse's estate. But that is much different from requiring that the surviving spouse be provided for in a will.

Click to expand...

Hello: Thanks for replying. Yes, that is what I am waiting for to see if it is proven that he is "commonlaw husband" What bothers me is, how can someone just move into the home, put all in his name, take over her corvette, and live "high on the hog" as they say. I'm trying to find out if anything can be done to him as I feel this is illegal when nothing has been settled yet in court. I am willing to give him his share if that's what it comes to, with no problem, but I feel it should be done the right way, not the way he is doing it. Thanks again.

seniorjudge said:

What did YOUR lawyer say when you asked him why this was taking so long?

Click to expand...

Sorry I haven't gotten back to you sooner but don't get on my computer everday. Thanks for replying. My so called lawyer doesn't communicate. When I talked to him last, and explained the ex had moved in, etc., he didn't say anything about what we should do or could do and so forth. I am so stressed trying to find some answers as I feel this is SO wrong what her exhusband is doing and has done. What is the law in TEXAS anyway. I don't live there so don't know the laws, but sure think something can be done when nothing has been settled. The case was set 2 times and cancelled and now I'm still waiting and wondering. It's hard enought losing my only child and trying to grieve and heal and want this done so I can. Thanks again.

vonniegal said:

Thanks for replying. O.K. I, the beneficiary of the will is the "executor". I have an attorney but no communication with him. We told him the ex moved into her property, put everyting in his name and nothing has been done. I don't know where to turn anymore. I DID NOT give him permission to move into the home. What do I do? I live in WI and this is in Texas. I am beside myself already as she passed away in 2005 and after 6 months he moved in, lock stock and barrel. My attorney will not call back and when I call, he's either out, with a client or something else. I am grieving so for my only child but want to get this done and over with as I can't heal this way. This is not what she wanted. Thanks again. I so appreciate any advice I can get.

Click to expand...

Hire another attorney, one that will get back to you when you call.

Texas Pooh said:

OP, are you in Texas or is that where your daughter lived?

Who is the executor under the will? Presumably, it is the executor who is in charge of collecting the property. If ex is living in the house, it is either with the consent of the executor or the executor is not doing his job. Even with a will contest, the executor needs to do his/her job - the contest may effect payout of those assets.

Something doesn't make a lot of sense.

Click to expand...

Hello: Thanks for replying. I, her mother, am the "executor" but have an attorney that does not communicate with me and I live in WI and this is in texas. No, I did not give consent for ex to live in home. I called my attorney when someone called to say he had moved in her home, and told him. NOTHING. So you see, my hands are tied, I think as I don't know what to do and need all the advice I can get. Thanks again.

vonniegal

seniorjudge said:

What did YOUR lawyer say when you asked him why this was taking so long?

Click to expand...

Hello: Thanks for replying. This case has been set 2 times already and cancelled. Now, when I ask him when, he says he has to check with judges calendar as I should know they are very busy. He does not communicate and I have called and called and he is either in court, with a client, out of the office, etc. You talk about being upset. I live in WI and this is in TX. If I lived in TX I would be in that office everyday. I'm ready to give up already as the stress and grief I'm going thru is just too much. It will be 3 years in Nov. Thanks again.

What a mess.

You need to get a new lawyer, and, unfortunately, take charge of the situation (which I realize may be difficult emotionally/physically). As the executor, you have many rights, but need to assert them. Obviously, you are not getting very good representation from your current counsel, and he/she needs to be replaced.

You might consider talking to several lawyers over the phone, and then making a trip to hire a replacement lawyer. I understand that this will be difficult from a distance, but it must be done. When you do talk to new counsel, be very clear in discussing your expectations with new counsel about when certain motions, etc. will be filed with the court.

Be sure to talk to lawyers who have been certified as probate specialists - you need an experienced, qualified lawyer.

Thanks so much for your advice. I have called three lawyers in Texas but they don't want to bother with it. Seems it isn't a large enough estate (200,000) for them to want to handle. That's the impression I got so that's why I thought I'd try some of these sights for some other idea's. It is so hard when you live in different states as law's somewhat differ in each. It's been horrible trying to figure out what to do now as this waiting and waiting to hear from my counsel and he never calls. I've never had any court dealings in my 72 years and now, trying to deal with my child's death is hard enough to go through and I certainly did not think it would turn into this to settle this. I appreciate your advice tho and will try some other lawyers I guess.

vonniegal, do you know whether or not your daughter had the deed to the home changed after the divorce? This info is a public record as would be papers required to register a couple as common law.

Keep trying to hire another attorney. In the meantime, ask the current attorney for an update on the case in writing.

Hello: Thanks so much for replying. Yes, my daughter , after her divorce, had the papers for the home etc., all changed over in her name only. Same thing with her car but he is driving that also. It is a nightmare. Thanks again. Vonniegal