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Granmother's will never probated

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briz_mommy

Junior Member
What is the name of your state (only U.S. law)? texas

my grandmother passed away in 1999. executor never completed any fiduciary duties including probate. i'm a beneficiary and need to know my rights. the only thing i'm concerned with is the dilapidated house that she never had appraised, (i've asked her repeatedly to have it appraised so i could buy it). any help is greatly appreciated!
 


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briz_mommy

Junior Member
i was reading up on that last night and i came across that. being executor has way more responsibility than i ever imagined :D i think she is just upset that i wanted the house appraised. she thinks it's worth more than it is. but it was her job to have the house appraised when my grandma died. she hasn't been to the house since my grandmother died, even then she only entered the kitchen, the will was read and she left.:rolleyes:



thanks so much on the informative info.!!!
 
justalayman

justalayman

Senior Member
if the will has not been probated, you can check into you applying to be executor. The delay in probating may cause some problems but if the nominated executor refuses to act, others can step in and take over.
 
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briz_mommy

Junior Member
will be looking into this at the end of the week.
even if i'm the one interested in buying this house? i could try to be executor? i wouldn't care who it was, as long as they would handle fiduciary duties as they should be handled? i would do it now,but kinda keeping an eye on the gulf. hope it doesn't become a hurricane:(
 
justalayman

justalayman

Senior Member
if the nominated exec fails to take action, generally in most states (and I have not checked for your state specifically) any interested party (such as a possible beneficiary) can apply to be executor.

you must realize this does not mean just trying to deal with the house. It means administering the entire estate. There is a lot of responsibility involved and it is generally a thankless job although in some states, the exec is entitled to be paid some statutorily determined amount of money.
 
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anteater

Senior Member
I would suggest that you take a trip down to wherever property records are kept in your county to get a copy of the most current deed. Don't rely upon who is being billed for property taxes.

Texas is one of the few states with a relatively short period for submitting a will for probate - 4 years. That means if aunt did not submit the will and receive appointment as executor by now, she isn't going to.

If the property is still in grandmother's name, then you will probably need to probate the will as a Muniment of Title. A brief description:

As an alternative to the aforementioned methods of probate, Texas law recognizes the probate of a Will as a muniment of title. Under this method, the Will is recognized by the Court as valid, but no executor or administrator is appointed. Rather, the Will is recorded in the deed record of the county in which the Decedent resided at the time of his death, and that recording serves to link the chain of title in any property from the Decedent to the persons named in the Will. Thereafter, a certified copy of the Will can be used to transfer title to any property.

It should be noted that the muniment of title method is the only method that exists for probating a Will more than four (4) years after the date of the Decedent?s death. This method can be difficult to pursue, but it can be effective if completed correctly.
Click to expand...
 
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briz_mommy

Junior Member
i'm going tomorrow to pay the $5 dollars to see if the will for sure wasn't probated ( which i am sure it hasn't because neither my mom or i were never notified of it)

this is the original tread i started
https://forum.freeadvice.com/landlord-tenant-issues-42/aunt-sent-eviction-notice-520943.html

my grandmother lived here 54 yrs ... my mom was born IN this house lived here for 62 years ..... i've lived here since i came home from the hospital 39 years
.... my daughter came from the hospital to here also 12 years

so this is more than a house, ( which is all it is to them) i'm willing to go tooth and nail for .... this is MY HOME!!!


I AM SO THANKFUL FOR ALL THE ADVICE
i just been feeling so "bullied"
 
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