Disputing inventory in Texas probate

[txexecutor]

What is a chance of successfully disputing (by surviving spouse that is not a beneficiary in the will) characterizations and valuations of inventory that was filed and approved by the judge about 3 years ago, and divided between the surviving spouse and beneficiaries and distributed accordingly over 2 years ago? The inventory was done with participation of the surviving spouse and reviewed before filing with the court (no written sign off as it was not required). No objections, requests or challenges were made by the surviving spouse to date.
What is the significance of court approval of the inventory, passage of time without any action on surviving spouse part and the executor no longer having assets (that were distributed to the surviving spouse and heirs) under his administration?

 

[Dandy Don]

How is he "trying to dispute valuations of the inventory"? Have his attorneys made a motion with the court or is he merely making verbal comments?

Was this surviving spouse required to sign off on/agree in writing to the inventory?

Please give examples of the changes he wants to see in the valuation of the assets.

Has probate for this decedent been opened in court and is it currently ongoing or is probate finished?

Are you aware that by law he is automatically entitled to a certain portion of the estate even if not named as a beneficiary?

 

[txexecutor]

The probate has not been formally closed.
He is not a beneficiary and was not required to sign off in writing on inventory, only did that verbally.
With decedent having children only from other marriages, in testate probate I believe he is entitled only if he is a beneficiary in the will (with exception of homestead rights or non-probate assets such as JTWROS accounts), please quote specific Estates code sections if this is not correct.

 

[Dandy Don]

Motion will probably be denied since he had a time limit of 20 days to object to the inventory if the judge approved it.

 

[Litigator22]

My . . . my . . . it is one thing to even be listening to DD's "maybe" advice but quite another to be praising it!

There is nothing in the Texas Estate Code supporting his claim of the finality of an order approving an inventory and appraisement unless an objection is filed within 20-days of its entry. (Nor anyone required to "sign-off".)

For one thing such and order is interlocutory in nature and is not subject to an appeal. (See: In the Matter of the Estate of Lowery, Deceased, Texas Eleventh Court of Appeals Case No. 11-14-00253 Oct. 2014.)

Secondly, how could any such an order be deemed final when the Code expressly provides for the correction and/or supplementation of an inventory and appraisement upon the complaint of an interested party proving it to be "erroneous or unjust in any particular way"?

Even a subsequently revised or amended inventory and appraisement is subject to being further revised and corrected. (See:; Texas Estate Code Section 309.102 Additional Inventory and Appraisement and Sec. 309.103. Correction of Inventory, Appraisement . . . for Erroneous or Unjust Item)

What "seems to be missing" from those statutes is any reference to a specific period of time within which a complaint seeking such a correction and/or supplementation must be filed. (And please note that I use the words "seems to be missing" advisedly as meaning so it seems to me from my reading of the Code. And not how it would seem to an attorney practicing Texas probate law.)

An alternate defense to such a complaint for the PR might lie in the assertion of "laches", an equitable doctrine which can serve to "bar relief when the complaining party is guilty of want of due diligence in failing to promptly institute the action to the prejudice of another".

Here, however the PR may have difficulty in showing the necessary element of a resulting prejudice when he or she has allowed two year to elapse since the distribution of the estate without having it formally closed!

 

[txexecutor]

(...)
An alternate defense to such a complaint for the PR might lie in the assertion of "laches", an equitable doctrine which can serve to "bar relief when the complaining party is guilty of want of due diligence in failing to promptly institute the action to the prejudice of another".

Here, however the PR may have difficulty in showing the necessary element of a resulting prejudice when he or she has allowed two year to elapse since the distribution of the estate without having it formally closed!

Thank you.
It is my understanding that formally closing of the estate is not required and rarely done in Texas Probates. Same in this case, but perhaps it should be considered. TEC Sec. 402.001: Once the Inventory has been filed by the independent executor and approved by the court, “further action of any nature shall not be had in the county court except where this Code specifically and explicitly provides for some action in the county court.”
Latches defense seems plausible especially for items that are no longer in Executor's possession and administration because they have been distributed to beneficiaries and might no longer exist or be reachable for the surviving spouse for a purpose of re-appraisal.

Sec. 309.103 sets a condition "if the court is satisfied from the evidence that the inventory, appraisement, or list of claims (...) is erroneous or unjust as alleged in the complaint" before it will issue an order to correct it, which will hopefully be enough to avoid baseless claims.