Estate Filed Intestate - BUT THERE IS A WILL

[dganley]

What is the name of your state (only U.S. law)? Texas
My stepmother died on April 30, 2010. My brother, sister, and I (three of her five heirs), found out today that the Executor of her estate (her son-in-law), and his lawyer filed the estate intestate on June 30, 2010, stating that they cannot find the original will. However, two weeks ago this Executor distributed copy's of my stepmother's signed & notarized WILL from 2000 to all of the heirs - at the same time. Besides myself and my two siblings, the other two heirs are my stepmother's two natural children. Our stepsisters have stated that they are not happy that me and my siblings are in their Mother's will, and have claimed they cannot find the original will. I am currently waiting on a callback from the attorney who drew up her will and signed it as a witness. In the meantime, can the Executor legally file the estate intestate? Isn't this illegal? I've also attempted to contact the Executor and his attorney - but they are not returning my calls. Please help!!

Thank you!What is the name of your state (only U.S. law)?

 

[anteater]

When you and your siblings petition the court for an order to force the executor to produce the original, it should make for some interesting explanations about where the copies came from.

It is my understanding that it is possible to get a copy admitted in Texas. But it is an arduous process.

 

[latigo]

Well obviously there is something very rotten here and the contradictions in the son-in-law’s actions seem to indicate that what you say is true. That is,

(1) That your stepmother did in fact die testate and (2) the son-in-law was in possession of the executed will shortly before he filed to probate the estate in intestacy.

How else would he have secured the copies that he provided the five “heirs”. It would be highly unusual for the deceased to leave 5 copies of the will sitting around for that purpose.

Moreover, why would he even have mailed copies to her stepchildren unless he had read her original will.

Also, in Texas it is the “executor” that executes the will of the testatrix. A person appointed to administer an intestate estate is called an “administrator”. (Some states refer to the office as the personal representative of the estate, testate or intestate)

Plus not being a natural child of the deceased he would have no preferred status to gain appointment to administer her estate.

What I suspect could have happened is that your stepmother did leave a will that nominated her daughter’s husband to serve as the executor of the will. That he made copies of the original to send to the heirs named in the will.

Then he somehow discovered that if there were no will, only her natural children would share in the estate. (Likely brought to his attention by his attorney.)

The will then conveniently disappears. And yet on the strength of his being nominated as the executor in the “now non-existing will” he went ahead and filed to be appointed the administrator of her estate.

But the only way any of these suspicions can meet the light of day is for the stepchildren to hire an experienced probate attorney to delve into the issues in depth. IT IS NOT SOMETHING a layperson would be capable of doing. No possible way!

You ask if it were “illegal” for him to have filed as an intestate estate.
Well, if he did so knowing that a will did exist, then he would have committed a serious felony of perjuring himself. Plus he’d be guilty of perpetrating fraud upon the probate court. But again you must engage the services of an attorney.

 

[dganley]

THANK YOU anteater and latigo for your replies!!

Thank you so much, senior members, for your replies. This is a tremendous help. My siblings and I contacted an attorney two days ago and are planning on going through the process of contesting the son-in-law's filing.

If it were that easy in Texas to have a will filed intestate and have it stick, (and disregard the original), just because some greedy heirs destroyed the original - then I think more folks would be doing just that. Thank you again!!!

 

[latigo]

No thanks are needed, but I would be thankful it you could let us know how this plays out.

 

[dganley]

Yes, I will definitely let the forum know what happens.

 

[anteater]

I picture a Perry Mason moment;

After 5 minutes of questioning, the son-in-law begins sobbing. "My wife... My wife... She made me destroy the original. She said that I would be sleeping out with the raccoons and possums if I didn't..."

Son-in-law then curls up into the fetal position.

 

[dganley]

Oh, you are too funny, and probably not too far off from the truth!! The plot has thickened since I originally posted....

I am the older step-sibling who never developed a close relationship with either stepsister (albeit always very cordial - I thought). I've now just learned that each stepsister has individually approached my brother and sister (respectively), and have been courting them to their way of thinking - and actually said to each one, "Don't worry, if it turns out that there is anything in our Mother's estate, then I'll split my half with you." These two sisters KNOW what's in their Mother's estate!!

Unbelievable that these folks (who are educated, no less), would think that we would fall for something like this. It's so sad how far greed, arrogance, and narcissism will take someone.

To be continued . . .

 

[latigo]

I picture a Perry Mason moment;

I sensed a foul odor to this escapade of the missing will, but now I see it's just "Ham Burger".

(And if anyone gets the corny point, they're way too old to be up and about this late.)

 

[dganley]

Well, I'm not sure if I should still be up or not . . . but I do appreciate your humor, Sherlock!

 

[anteater]

I sensed a foul odor to this escapade of the missing will, but now I see it's just "Ham Burger".

(And if anyone gets the corny point, they're way too old to be up and about this late.)

Thank goodness for minor TV stations in search of cheap programming.

How did that man remain DA for so long?

 

[latigo]

Thank goodness for minor TV stations in search of cheap programming.

How did that man remain DA for so long?

Thinking back to the luckless “Hamilton Burger” (played by William Talman) reminds me of a past prosecuting attorney in a small neighboring county of questionable fitness and unquestioned mental instability. His philosophy:

"Try them all. Lose them all. And make everybody happy."

Much later an unfortunate episode in his law office resulted in the bar commissioners giving him the option of quietly retiring or face disbarment proceedings.

It seems that an already displeased client became more so when Bob pulled a .38 revolver from his desk drawer and threatened him with it.

 

[dganley]

I have retained a board-certified probate attorney to start court proceedings immediately. Through further investigation, and the fact that my deceased father and stepmother's wills had a "bypass trust", we have determined that they at least had a very significant estate at the time they executed their wills in 2000, and my stepmother probably still does. To be continued . . .