• 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.

are we ok re this Will and handling?

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

cctrayders123

Junior Member
What is the name of your state (only U.S. law)? Texas
My father died recently. We found the Will which is signed by him and two witnesses, but no other Attestation and not notarized. That means it is not valid or binding, right?
I am daughter nearby and we presumed I would handle the details of his small estate. My brother is in WA and has no problem with my handling things.
Only property designated on it was tools to go to a friend, and old car to be sold to pay for funeral expenses. Done. Friends have helped sell some items to eventually go toward bills and cc debt of $5,000.
AFTER we sold or donated inexpensive household furniture and items, and brought one carfull of some more meaningful items back to my house to be divided among family or sold toward cc bill, THEN I noted the "Will" had a friend designated as Executor. This person never said anything while we were cleaning the apt. And I seemed the logical one to handle things. I am keeping family informed re details. Now, I am thinking since Will was not notarized, does it not matter that I am handling things rather than this church friend? Value of all items amounts before selling anything was $3,000-$4,000. I'll pay the last bills with some and apply whatever we can to cc bills and I know I am not personally resp for rest of cc debt (totals just under $5,000 total). He also had some photographic equip bought early this year on cc. Do we HAVE to sell them to send $$ to cc? Since sold car ($700) will almost pay for funeral exp, can "donations" by friends be used toward his sister's airfare from WA?
Lastly, how do we "approach" the two cc companies? Thanks for all comments/advice and any other resource. Sorry this is so long.
 


latigo

Senior Member
No, you are not “ok”.

First, with exception of a self-proved will it is not a requirement in Texas or any other State of the Union that the signatures of the testator/maker and witness must be notarized!

All the Texas Probate Code requires is that it:

“. . . shall be in writing and signed by the testator in person or by another person for him by his direction and in his presence, and shall, if not wholly in the handwriting of the testator, be attested by two or more credible witnesses above the age of fourteen years who shall subscribe their names thereto in their own handwriting in the presence of the testator.” (Chapter IV Execution of Wills - Section 59)

Secondly, it was not your prerogative to determine whether or not the instrument was a valid will.

Having that document in your custody following the testator’s death you were required under Texas law to promptly deliver it to the clerk of the court in the county wherein your father resided.

Your failure to do that alone could possibly result in your being held personally liable to any persons or creditors aggrieved. * Not to mention taking it upon yourself to dispose of assets in the estate.

There are procedures for properly handling estates of this minimal size short of probating the will. But you had no legal authority to take charge of those assets as you have described.

And the fact that the person your father nominated to serve as the executor of his will did not come forward – as you mention - is of no consequences or excuse for your conduct. He may not even have been aware of being so selected.

You are long overdue in consulting with a Texas probate lawyer.

______________________________


[*] Sec. 75. DUTY AND LIABILITY OF CUSTODIAN OF WILL. “Upon receiving notice of the death of a testator, the person having custody of the testator's will shall deliver it to the clerk of the court which has jurisdiction of the estate. On sworn written complaint that any person has the last will of any testator, or any papers belonging to the estate of a testator or intestate, the county judge shall cause said person to be cited by personal service to appear before him and show cause why he should not deliver such will to the court for probate, or why he should not deliver such papers to the executor or administrator. Upon the return of such citation served, unless delivery is made or good cause shown, if satisfied that such person had such will or papers at the time of filing the complaint, such judge may cause him to be arrested and imprisoned until he shall so deliver them. Any person refusing to deliver such will or papers shall also be liable to any person aggrieved for all damages sustained as a result of such refusal, which damages may be recovered in any court of competent jurisdiction.”
 

cctrayders123

Junior Member
Thank you for responding my question. Not so sure I can thank you enthusiastically for the lump it placed in my throat. LOL I immediately called a Probate lawyer. I explained the circumstances and he said getting the Will probated would cost more than my Dad's assets ( I got estimates of between $700 to $2,000). He advised that I do not have to have the Will probated. I followed my Dad's wishes as I understood them, and it shouldn't "worry" me re the person named as executor if the will is NOT probated. I was planning to called him and talk to the person, anyway.

I am definitely not trying to get away with anything dishonest. I did not have the Will "in my possession" until a few days AFTER my Dad passed, and after we had already disposed of most all his things in his apartment (by donating or giving personal memento type items or selling a FEW things). It's only been a week and a half since his passing! And I have been trying to get information since able to do so. I have limited resources myself.
The probate lawyer explained to me exactly how to handle the bills and monies. I now know I should have called him right away to ease my worries, but I haven't "done" anything improper to this point, and don't plan on it.
 
Last edited:

Zigner

Senior Member, Non-Attorney
Thank you for responding my question. Not so sure I can thank you enthusiastically for the lump it placed in my throat. LOL I immediately called a Probate lawyer. I explained the circumstances and he said getting the Will probated would cost more than my Dad's assets ( I got estimates of between $700 to $2,000). He advised that I do not have to have the Will probated.

I am definitely not trying to get away with anything dishonest. I did not have the Will "in my possession" until a few days AFTER my Dad passed, and after we had already disposed of most all his things in his apartment (by donating or giving personal memento type items or selling a FEW things). I did bring back mostly "personal" items, except what I may have mentioned in my previous post.
The probate lawyer explained to me exactly how to handle the bills and monies. I now know I should have called him right away to ease my worries.
You're either lying, or you presented different facts to the attorney than you did here.
 

cctrayders123

Junior Member
I was editing my post slightly with more info when you apparently responded to my last post. LOL I can not believe your response.
I didn't lie about anything to either of you.
Your response was given with a hostile, accusing attitude that has surprised me. I am guessing the moderators of this forum may delete the posts because they don't relate well to a person getting Free Advise in situations where they are unable to find or afford a lawyer. If I visit the site in the future, I will be cautious about any advice that I read and will recognize that it probably shouldn't be a final source of information.
 

Zigner

Senior Member, Non-Attorney
I was editing my post slightly with more info when you apparently responded to my last post. LOL I can not believe your response.
I didn't lie about anything to either of you.
Your response was given with a hostile, accusing attitude that has surprised me. I am guessing the moderators of this forum may delete the posts because they don't relate well to a person getting Free Advise in situations where they are unable to find or afford a lawyer. If I visit the site in the future, I will be cautious about any advice that I read and will recognize that it probably shouldn't be a final source of information.
I didn't say you were lying. :rolleyes:

The refund desk is next to the door on your way out.
 

justalayman

Senior Member
well, best of luck of somebody files for probate and demands the production of the will.




Only property designated on it was tools to go to a friend,
If there are debts not paid by the remaining assets, those tools were to be sold and the money used to pay the debts. There are no free and clear assets of an estate until the debts are paid.

I know I am not personally resp for rest of cc debt
due to your actions, I wouldn't bet on that. You may get away with it due to the low level of debt but the creditors surely have a claim against the estate and as a result, against you for your actions.

, how do we "approach" the two cc companies?
you send them a notice of death. If they wish to apply as a creditor against the estate, you will have to figure out how to explain you gave away property rather than selling it for the value and paying the estates debts and have no intention of opening probate.
 

MNguyCG

Junior Member
I was editing my post slightly with more info when you apparently responded to my last post. LOL I can not believe your response.
I didn't lie about anything to either of you.
Your response was given with a hostile, accusing attitude that has surprised me. I am guessing the moderators of this forum may delete the posts because they don't relate well to a person getting Free Advise in situations where they are unable to find or afford a lawyer. If I visit the site in the future, I will be cautious about any advice that I read and will recognize that it probably shouldn't be a final source of information.
Ignore Zig, the guy is a troll. He just looks for posts where he can frustrate the poster by making foolish comments.

As far as the CC bills... in all honesty you can likely get away with not paying any of them. I worked in collections for a time and almost all CC debts are unsecured, meaning they pretty much can't do anything about them other than report delinquency to the bureaus. That being said, the moral thing to do is to at least spend what he had trying to clear his debts.
 

justalayman

Senior Member
I worked in collections for a time and almost all CC debts are unsecured, meaning they pretty much can't do anything about them other than report delinquency to the bureaus..
that is just plain wrong. While they are unsecured debts, that has nothing to do with a creditor being able to make a claim against an estate. If the executor acts improperly and screws them out of their money, they can sue the executor for the money.
 

MNguyCG

Junior Member
that is just plain wrong. While they are unsecured debts, that has nothing to do with a creditor being able to make a claim against an estate. If the executor acts improperly and screws them out of their money, they can sue the executor for the money.
Very few credit card companies would point any effort whatsoever into this. Out of hundreds of clients(cc companies and otherwise) only 1 would take any legal action at all toward a debt.

That one client is where I specialized. They didn't deem it worth their time unless the amount was over $20,000.00.

It's very unlikely and like I said for <$5,000, spread across multiple lenders, there's probably nothing they can do... but you should do what you can, it's the right thing to do.
 

Zigner

Senior Member, Non-Attorney
As far as the CC bills... in all honesty you can likely get away with not paying any of them. I worked in collections for a time and almost all CC debts are unsecured, meaning they pretty much can't do anything about them other than report delinquency to the bureaus. That being said, the moral thing to do is to at least spend what he had trying to clear his debts.
You have as little clue about this as you do about your vehicle registration matters. Do not continue posting blatantly false and inaccurate information.
 

justalayman

Senior Member
it's not a matter of if they would, it is that you stated they can't. That is what was wrong.

I agree that they generally won't if it involves a small balance. The fact remains they can.
 

Find the Right Lawyer for Your Legal Issue!

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