• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Problem with a will after probate

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Bill631

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

I have a few questions regarding my late father's will. It involves a couple of issues.
My fathers will was filed and went through probate court about 2 years ago.
The will stated that all my father's property be divided equally between my brother and my self.
At the time of his death my father owned only a house and an interest in an oil/natural gas well, know as "mineral rights". The mineral rights were from an older property that my father retained after the property itself was sold.
His house was sold promptly and the proceeds were divided between my brother and me. That part was simple.
Here is where it gets a bit complicated.
For several years prior to my father's death, I was his court-appointed legal guardian. He was suffering from Alzheimer's disease, and was in a nursing home.
I handled all of his finances and affairs. He would receive "royalty" checks from the mineral rights company, Hilcorp Energy. The checks were made out to my father, c/o me.
When my father died, I took out a loan to pay for his funeral.
After his will was probated, I continued to receive the royalty checks from Hilcorp. Our attorney was given instructions on what documentation to furnish Hilcorp to transfer the ownership of the mineral rights to my brother and me. I asked the attorney what to do about the checks and he said just to keep getting them until the ownership was transferred.
I used the checks to help pay for the loan for my father's funeral, and my brother knew of this and said it was OK.
However, here it is 2 years later and the attorney still hasn't gotten around to filing the paperwork with Hilcorp to transfer the mineral rights to me and my brother. I sort of forgot about it because the checks now only come about once every four months, and are usually pretty small.
Finally, to make matter more complicated, my brother passed away earlier this year. I have not spoken to his wife since his death, and I don't know if he died without leaving a will or not.
I am trying to find out this information before I contact my attorney, as obviously the mineral rights can't be transferred to my brother an me know.
I assume I will share ownership with my brothers heirs.
But, my question is what should I do in the meantime?
Should I go ahead and contact my attorney before knowing of my brother's
estate situation?
For various family reasons, I pretty much haven't spoken to my sister-in-law since my father became ill.
Anyway, sorry this was a bit long.
Any advice would be greatly appreciated.
Thanks!


Bill
:cool:
 


Dave1952

Senior Member
I can believe that you took out a loan for the funeral. It's odd that you did not present the cost of the funeral to the executor. It was a debt of the estate and should have been taken care of before probate.
I think you need to speak with your sister-in-law or your brother's executor. Explain to her what is going on. Understand that when your brother died so did the deal for you to pay off the loan by keeping the mineral rights checks. If you don't get the appropriate permission you may be accused of stealing from your brother's estate. How did the estate close before these rights were assigned?
I'd also notify the attorney who is transferring the mineral rights to stop while you sort out the ownership of these rights. Ask him to bill you for the work done.

Good luck
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top