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Probate Lawyer PROBLEM

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willystyle438

Junior Member
What is the name of your state (only U.S. law)? Texas
My father passed away in Feb. 2002 and had no will.
My question is.....
How come this Probate lawyer needs 2 witnesses that knew my father before he and my mother were married that i can not produce? My mother is nowhere to be found to ask about this. My father has 2 marriages before my mother which states in the divorce decree that there were no children. Is there a time frame this all has to be done in before i can take some kind of other actions? This lawyer says she can't go in front of the Judge because she can't prove i am the only son. There is some money coming from a lawsuit from an Asbestosis lawsuit that started before my father passed away. They Lawfirm appointed me this probate lawyer.

Thanks in advance for the help if any.

Puzzled & Curious
 


tranquility

Senior Member
You can't produce two people who say they knew your father before his second marriage? I wouldn't believe you either. The lawyer may not need that, but without that, proving you deserve the money is problematical.

You need to prove you are his son. A birth certificate may not be enough for a number of reasons.
 
OP,

I'm going to make a few guesses.

first, I'm guessing that you are being appointed Independent Administrator, in order to continue the lawsuit that is in progress.

second, I'm guessing that Mom is not interested (at least yet) in being the Independent Administrator.

If all that is true, then your probate lawyer is going through the process in Texas when there is no will. That includes proving up who the heirs of the estate are, and that requires two independent witnesses who can testify that there are no other children who are entitled to a share of the estate. You, obviously, can not testify as to what occurred before you were born.

Your lawyer can also go through a more complicated process to establish heirs, which includes publication and appointment of a special lawyer to determine heir ship. This is considerably more expensive and time-consuming; you can certainly talk to your lawyer about this alternative. However, it would be much easier if you could find two witnesses (are there any relatives, no matter how remote, you can contact?)
 

willystyle438

Junior Member
I have everything for me. It is just finding someone that knew my father before my life was created. He lived in Pasadena before my mother. He met my mother in Baytown where i have spent my whole life and still reside.

Texas Pooh,
You nailed it. She told me yesterday that she is not going to do anything until she gets 2 witnesses(which i can't produce). The lady is very rude and very unprofessional on the phone and basically called me a liar because i counldn't produce 2 witnesses. Is there a time limit on this process? My lawyer appointed this lady to me. What else can i do about getting this resolved? Remember my father passed away in 2002. And this is still going.

Thanks again for the help.
 

Dandy Don

Senior Member
You could place a small classified ad in the Pasadena newspaper asking for anyone who knew him during the years such-and-such could you please contact me? Or having a genealogist trace his family history so that other relatives on his side of the family could sign an affidavit verifying that they knew him and are related.

DANDY DON IN OKLAHOMA ([email protected])
 
There is no "time limit" to this process - it simply must be completed. Getting another lawyer isn't going to help change the process (although you might be more comfortable with a different lawyer).

In fact, you are not going to be able go forward in the litigation unless you are appointed independent administrator. So you are stuck with the process.

You can advertise in Pasadena or the Houston Chronicle, as suggested, for anyone who knows him. Get a copy of the high school yearbook and start calling people. Start contacting prior employers if you know them.
 

aanubis

Member
I am currently serving as an independent administrator under TX law. The court had to be petitioned to name me. All heirs had to agree to my appointment The independent part means that I can act without having everything approved by the court, as I go along.

I had to find 2 independent, dis-interested parties as well to apprear in court and testify whether the deceased had ever been married, had children, brothers and sisters, etc, etc. They only had to state how they knew the person, and how long they had known the deceased, as well as agree to the heirs asserted. One was a friend of about 30 years and the other related by marriage (not biologically) who knew the deceased for about 12 years. Each were accepted by the court and they did have to personally appear.

Possibly the attorney you feel you are stuck with is the attorney ad litem. The attorney ad litem is appointed to verify what the family members who have stepped forward asserting heirship is true. The attorney ad litem's job is to look out for any heirs that are being excluded, hidden or that the family doesn't know about. It's a requirement.

I think your attorney is acting prudently and not wasting your time, money or the court's because she knows the time is not now. You state your mother is no where to be found. If she is still married to your father, then she is his heir, hence part of the problem if she can't be found.

Once an independent administrator is named by the court, that person requests letters of administration ($2 each) which allow the person to act, typically in tandem with a death certificate and photo id.


Really, I am about 7 months into serving and it all sounds correct in what you have experienced so far.
 

rowz

Member
I have read somewhere [so that means that I am not sure] that the Mormon Church has the largest geneological database n the world. If that ius the case, maybe there is a chance that [for a fee I would expect] they could look for your family.

Google could be your friend

I hope that this is helpfull.
 

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