Update on Question.

[Worriedgd]

Texas is the name of the state.

I posted sometime ago about a friends father who was seemingly coached into changing his will during his final months by his carer/nephew and niece in law. (Can't find post or would post there.) And she was having thoughts about contesting the will. The land was always supposed to go to her, so the land would never be in two people's control so it could never be sold. It has been this way for sometime.

Sadly her father passed away in the last few days, and as expected she taking it bad.
What happens to the will now. It is with the solicitor and she is worried that the niece may try and speed it through probate before she could contest it (she doesn't feel up to it right now).

Is there a grace period? Does the solicitor have to wait for a death certificate? She also suspects they will spend monies that are in his account and possibly remove stuff from his home. What would be your advice to her?

Thank you.

 

[anteater]

What would be your advice to her?

Retain her own attorney - now.

...speed it through probate before she could contest it (she doesn't feel up to it right now).

While understanding the grieving, if she does not take action now, she is likely to end up so far behind the curve that she will be unable to catch up or end up spending more in catching up than it is worth. If you are a friend, then you need to help her understand that she has to take this seriously now.

 

[Dandy Don]

She will need to take a copy of the will (get it from the county courthouse) to a probate attorney to have him evaluate it to see how strong her case for contesting is. And she shouldn't just hire the first attorney she sees--interview with about 5-6 until she finds the best one. What is the value of this estate? Can she afford the expense of retaining an attorney to defend her in this case?

DANDY DON IN OKLAHOMA ([email protected])

 

[Worriedgd]

Thank you for the advice. I don't know the full extent of the will. But I know there is around 50 acres of land that I have heard might be inline to be purchased by the state for a new by-pass so could be worth a bit. I expect there is a life insurance police and her dad worked for the government so might be other stuff also.

I would believe she has the funds to retain an attorney but don't know for sure.

 

[Worriedgd]

She has decided to speak to an attorney to see where she stands. Sadly things have already started to turn nasty.

She has seen the will and it's left to her and her nephew (50/50). His niece in law has claimed my friend's father truck, saying he signed it over to her in March. She is looking into that because it seems a little odd.
If you could answer the following questions it might easy her mind before she gets a chance to meet her attorney. There is an executor of the will.

1) There are two homes on the land. The father's house has had the locks change and should be empty. There are presently living in the second home. Until the will is probated is there a way she can get them off the land completely?

2) Money is owed for house insurance that they are living in but they said they won't pay it. I believe it will get paid by his estate as his name is on the deeds of the house. Is this reason to remove them off the land?

3) Is the niece in law allowed to be at the reading of the will as my friend is worried about any confrontation when she contests it. As I said earlier, she isn't on the will to receive anything.

4) From what I have mentioned before do you really think she has a chance in contesting the will or should she just sell everything and split it down the middle as she feels what might have to be done.

5) The niece in law's daughter, boyfriend and child are also living on the land, and paying none of the bills. Can they be removed from the land?

Hope you can help.

Regards,

 

[anteater]

Until the court grants the letters testamentary, nobody is going to have the authority to do nothing. And, from the way you have worded your post, it does not seem that your friend is the person seeking appointment as the executor. If so, your friend is not going to be the one removing anybody unless and until she actually becomes the owner. And, if anybody seeks to remove anybody from the land, it is likely that the proper Texas procedures for eviction will have to be followed.

There is no requirement that there be a "reading of the will." That is the stuff of fiction. Even if there is, the custodian of the will is free to invite anybody they wish. And your friend has no obligation to announce her intentions to contest the will to anybody but the court.

4) From what I have mentioned before do you really think she has a chance in contesting the will....

An internet discussion forum is not the place to hazard guesses about the chances of a successful will contest. Generally, will contests are expensive and difficult to win. This is something she needs to discuss with her attorney.

.... or should she just sell everything and split it down the middle as she feels what might have to be done

Huh? Where is she getting the authority to sell everything?

 

[Worriedgd]

Sorry if I worded it incorrectly, but no she is very happy with the executor. No it's what the executor said that if things are not settled then the likely hood is they would have to sell it all and split it all up.

Thank you for your responses though.

 

[Farfalla]

Who is the executor? Has probate been opened?

 

[Worriedgd]

The executor is a friend of her dad's. Probate has not started.

They are know saying they are not going to pay any of the bills but won't leave the property either. They say they can not afford to after letting their pressure home got into receivership. The executor has asked them to leave they say they won't. She (Executor) isn't sure what to do so she is going to see an attorney on Tuesday.

There is also a possibility that they have been spending some of his money since he passed away and before they remove cards from their possession. That is being looked into.

 

[Worriedgd]

My friend finally got an attorney to probate the will. He has told her that if she contests the will and wins then it would be as if there was no will and won't revert back to old will. I am sure this is correct but seems a little odd. He is also going to make her executor of the will.

So he said it would go to his closest living relatives. As she is the only daughter I thought it would go to her but she says it will go to the grandson also. But as he has other grandchildren wouldn't it be shared between them also?

Or is it because he is the son of the decease's son who is also deceased? That he will get a share and the rest won't?

Looks like she is going after them for spending money from his account after his death and attorney said they could face jail time.