Primrose - U locked your thread

[anteater]

What is the name of your state (only U.S. law)? OR
My Father in TX passed away leaving a will naming my brother as his representative. The first paragraph of the will states that we, my brother and myself are to split everything 50-50. My brother has not come forward with any information on back accounts (of which there were several) nor half of the rent on a rental property of my fathers. He thinks "Representative" means he get everything. What are my options? Do I need to get an attorney or a mediator? Or do I tell my brother he is mistaken and to give me what the will states. Please advise.

Has the will been submitted for probate and has your brother been appointed by the court as the executor?

A will naming someone means nothing until the will is admitted to probate and the someone is appointed by the court.

 

[Primrose 201]

Has the will been submitted for probate and has your brother been appointed by the court as the executor?

A will naming someone means nothing until the will is admitted to probate and the someone is appointed by the court.

Yes probate is complete and my brother has been appointed representative/executor. Does this mean he has to abide by the what the will says?

 

[anteater]

Yes probate is complete and my brother has been appointed representative/executor.

In the normal definition of probate, it is not complete. Having the will accepted by the court and appointment of the executor is the first step. There is also publication of notices, payment of legitimate creditors, perhaps the sale of assets if needed, and then distribution of the remaining assets.

Does this mean he has to abide by the what the will says?

In short, yes.

How long has it been since probate was opened? As I remember, in Texas, the executor is required to file an inventory with the court 90 days after appointment. But is not required to provide you a copy. However, it would be available at the court.

While not state law, most Texas county probate court rules require that the executor retain an attorney. If your brother thinks that he is entitled to the entire estate, he should check with that attorney.

 

[Primrose 201]

In the normal definition of probate, it is not complete. Having the will accepted by the court and appointment of the executor is the first step. There is also publication of notices, payment of legitimate creditors, perhaps the sale of assets if needed, and then distribution of the remaining assets.


In short, yes.

How long has it been since probate was opened? As I remember, in Texas, the executor is required to file an inventory with the court 90 days after appointment. But is not required to provide you a copy. However, it would be available at the court.

While not state law, most Texas county probate curt rules require that the executor retain an attorney. If your brother thinks that he is entitled to the entire estate, he should check with that attorney.

My brother did hire an attorney to handle the probate which began in Aug of 2010 and completed on or around Feb 2011. He did go to court for the closure of the probate. My daddy's holdings (houses, land and bank accts) were all in Okla. He was in an assisted living situation in TX when he passed away. I know that one of the housed he owned was in his and my name, possibly some of the land as well. The house he lived in in OK was in my mothers name and never transferred to my dad. My brother had this property in probate as well, but I don't know if it went to him or my dad at conclusion. Should I contact the attorney that handled the probate or contact the court in Frederick OK where all of this transpired?

 

[anteater]

Should I contact the attorney that handled the probate or contact the court in Frederick OK where all of this transpired?

Both. But keep in mind that the attorney's client was your brother and the attorney may decline to communicate with you directly.

I know that one of the housed he owned was in his and my name, possibly some of the land as well.

Depending on how the property was titled, it may have passed to you outside of probate.

The house he lived in in OK was in my mothers name and never transferred to my dad. My brother had this property in probate as well, but I don't know if it went to him or my dad at conclusion.

That's kind of messy if the house was solely owned by your mother. With that, it's rather surprising that your Dad's estate could be taken care of in 6 -7 months.

 

[Primrose 201]

Both. But keep in mind that the attorney's client was your brother and the attorney may decline to communicate with you directly.


Depending on how the property was titled, it may have passed to you outside of probate.


That's kind of messy if the house was solely owned by your mother. With that, it's rather surprising that your Dad's estate could be taken care of in 6 -7 months.

Is it illegal for my brother not to abide by what is stated in the will? Do I have a case if I want to press charges?

 

[anteater]

It would be a civil case.