Texas Probate

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

Probate is in TX, I live in NY.

I think I understand that after letters of T are filed and then Inventory and Appraisal are accepted, that there is no final "closing" hearing and legal/lawyer stuff is ended....Independant and uncontested will.

Mother died 3/04, I'm beneficiary 0f 20%. Partial disbursements in '06 (60% - 90% to all ). Communications with sibs/co-executors now say that liquidation of IRA in 06 and their failure to file taxes throw us into 30% penalty and I'm responsible for my share of tax liabilities. (Kiss my A).

I've never received any accountings as prescribed in the will....don't have a clue where funds have gone or what billable hours have been charged...

Last phone talk with sister/co-exec says that my remaining share - 35K - will be drastically reduced.

Can I write a letter to the Probate court asking for execs to show why this is taking over 4years, and order an itemized accounting, what they've been doing with accounts/THE ESTATE, or do I need to get an atty to file some motion and scuffle for 35K? Remember, I'm in NY and probate is in TX. Can whatever motion be filed pro-se or am I too late.

All opinions welcomed!
Thanks a Bunch,
ZWhat is the name of your state (only U.S. law)?

Was an executor's bond purchased to protect the financial interest of the beneficiaries or did the will specifically exempt the requirement of bond being purchased?

You can not write a letter to the probate court--that would be a faux pas--any communication you have with the court should be through legally correct procedure at court hearings only.

You need a probate attorney who practices in the same city or county where probate is being done to represent your interests.

This is a common mistake that inexperienced executors make, so you can't just say kiss my a-- and forget about it. You received monies that you were not entitled to and so you need to double check to see that the correction is calculated correctly and that you are being assessed the correct amount to repay.

How much was the IRA for and how much are they asking you to repay? Ask executor to make sure she consults with a CPA or tax accountant to make sure this error is calculated correctly.

It is NOT correct for them to be reducing your inheritance share but if this will temporarily resolve the problem in repaying your share then it may be a good temporary solution.

You should be asking your attorney what it is going to take to get them to file an accounting and you will really not be in any shape to determine how to proceed until you have received all documents and accounting from the estate and then reviewing them to see if you have been cheated and what errors have occurred. Perhaps you want to even request an audit but consult your attorney about this first.

DANDY DON IN OKLAHOMA ([email protected])