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t74

Member
In the past. Since many posters like myself have eithe4r issues with estates and/or estate planning, I posted a website I was previously unfamiliar with for informational purposes.

Now if you can tell me how to write a motion to compel the production of a will., I am all ears. Apparently, in the county of inerest, it is not necessary (or even preferred?) for our attorney to do this. We have been trying since April to get a copy; the person holding the will claims to now have an attorney (unnamed) who will provide it whenever they get around to it. Person is acting as PR and has dispersed assets and claims to be ready to close the estate without following even the most basic requirements on a PR. Our attorney ahs already gone through 2/3 of the retainer. What a mess!
 

Zigner

Senior Member, Non-Attorney
In the past. Since many posters like myself have eithe4r issues with estates and/or estate planning, I posted a website I was previously unfamiliar with for informational purposes.

Now if you can tell me how to write a motion to compel the production of a will., I am all ears. Apparently, in the county of inerest, it is not necessary (or even preferred?) for our attorney to do this. We have been trying since April to get a copy; the person holding the will claims to now have an attorney (unnamed) who will provide it whenever they get around to it. Person is acting as PR and has dispersed assets and claims to be ready to close the estate without following even the most basic requirements on a PR. Our attorney ahs already gone through 2/3 of the retainer. What a mess!
If probate has been opened, then the will should be available in the court file. If probate has not been opened, then open probate as an intestate matter...
 

t74

Member
Probate has not been opened. A motion to compel is easier than intestate filing. I think being supoenaed or arrested for not complying at her place of employment (an elite private school) sends a message. I cannot remember when her recent acts become felonies (her past act rise to that level but will not be pursued by gov agency); if they do for recent acts and if she is convicted, she will lose her teaching license. She really needs a reality check and fast! She is taking legal advice from a bookkeeper (not even a CPA much less a lawyer) and a person in her church choir. I am dealing with a bunch of insane people!!!!!!!!!!!!!!!!!!
 

Zigner

Senior Member, Non-Attorney
Probate has not been opened. A motion to compel is easier than intestate filing. I think being supoenaed or arrested for not complying at her place of employment (an elite private school) sends a message. I cannot remember when her recent acts become felonies (her past act rise to that level but will not be pursued by gov agency); if they do for recent acts and if she is convicted, she will lose her teaching license. She really needs a reality check and fast! She is taking legal advice from a bookkeeper (not even a CPA much less a lawyer) and a person in her church choir. I am dealing with a bunch of insane people!!!!!!!!!!!!!!!!!!
If there is no matter before the court, how do you intend to make a motion to compel?
 

adjusterjack

Senior Member
A motion to compel is easier than intestate filing. I think being supoenaed or arrested for not complying at her place of employment (an elite private school) sends a message
It doesn't send any message at all because none of that will ever happen.

I'm guessing that you are a relative of the deceased and are hoping that you inherit a piece of the estate.

You might get better answers if you would explain who's who and what's what.
 

quincy

Senior Member
It doesn't send any message at all because none of that will ever happen.

I'm guessing that you are a relative of the deceased and are hoping that you inherit a piece of the estate.

You might get better answers if you would explain who's who and what's what.
I think t74 has more than one thread started already.
 

t74

Member
If there is no matter before the court, how do you intend to make a motion to compel?
Motion is the term used by the attorney. It may be incorrect terminology.


Texas Probate Code:

Sec. 252.202. PERSONAL SERVICE ON CUSTODIAN OF ESTATE PAPERS. On a sworn written complaint that a person has custody
of the last will of a testator or any papers belonging to the estate of a testator or intestate, the judge of the court
that has jurisdiction of the estate shall have the person cited by personal service to appear and show cause why the person
should not deliver:
(1) the will to the court for probate; or
(2) the papers to the executor or administrator.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 252.203. ARREST; CONFINEMENT. On the return of a citation served under Section 252.202, if the judge is
satisfied that the person served with the citation had custody of the will or papers at the time the complaint under that
section was filed and the person does not deliver the will or papers or show good cause why the will or papers have not
been delivered, the judge may have the person arrested and confined until the person delivers the will or papers.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 252.204. DAMAGES. (a) A person who refuses to deliver a will or papers described by Section 252.202 is liable
to any person aggrieved by the refusal for all damages sustained as a result of the refusal.
(b) Damages may be recovered under this section in any court of competent jurisdiction.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
 

t74

Member
I think t74 has more than one thread started already.

I do have other posts.

AdjsuterJack, The will of the other parent who died 8 years ago named all children as contingent beneficiaries; it is expected that the second parent mirrored that. The person with POA prior to death and in possession of the will has made numerous questionable transactions (including adding herself as owner of financial accounts), does not know if all bills of the deceased have been paid, has refused to provide any information to other beneficiaries but has given a friend (not a person with a fiduciary duty to the deceased or PR of previous estate) access to all records of the deceased, and has stated a plan to close the estate before taxes are filed for 2019 income. She has gifted to charity (and likely friends as has been done before) property that might need to be sold to pay estate debts. There are written instructions (including specific bequests to children, children-in-law, grand children and great-grand children) supplemental to the will that she has refused to follow.

All children, grandchildren and great grandchildren had long term, loving relationships with the late parents/grand parents so that there is no reason that they should have been excluded while friends of the PR (not mentioned by late parents in supplemental documents or will) have received gifts of property. There is both anger that all other descendants other than herself have been disinherited by her actions (including specific bequests of family heirlooms to great grandchildren) contrary to the believed intent of the late parents.

She has refused to provide a copy of the will so that her actions can be reviewed prior to closing of the estate. Her definition of "equitable distribution" is "its all mine." Less than 6 month before parent's death, the value of the estate was estimated at $250-300K (far greater than anticipated); there was concern at that time about her gifting to charity funds that might trigger the Medicaid 5 year lookback. The estate's debts likely diminished the estate by as much as $100K. Her recent spending and gifting which she freely admitted before being asked for documentation has further diminished the estate by many $10Ks.

If the PR were to die, the person named to complete closing of the estate has been refused access to the information necessary to do so. My concern that the beneficiaries might be liable for debts, taxes and legal fees resulting from her improper handing of the estate and that all the children will share equally financial responsibility even though she retains possession of all of the funds and property. . At one point the deceased and the holder of the will had real estate transactions which appear to have been closed properly.

Her track record for handing her own financial affairs is shakey. There is also anger on the part of some, myself included, that she was negligent and neglectful which resulted in the horrible last days of the parent; the parent died early on the day that the nearest of the grandchildren to go and try to figure out the true situation.
 

Zigner

Senior Member, Non-Attorney
Motion is the term used by the attorney. It may be incorrect terminology.


Texas Probate Code:

Sec. 252.202. PERSONAL SERVICE ON CUSTODIAN OF ESTATE PAPERS. On a sworn written complaint that a person has custody
of the last will of a testator or any papers belonging to the estate of a testator or intestate, the judge of the court
that has jurisdiction of the estate
shall have the person cited by personal service to appear and show cause why the person
should not deliver:
(1) the will to the court for probate; or
(2) the papers to the executor or administrator.
THAT is a probate judge. You have to open probate.
 

t74

Member
Since she now claims only a couple of thousand is left in the probate estate and at the rate the attorneys go through funds, there is not enough left for probate filing without our financing it especially with an uncooperative PR and having to have her removed.
 

bcr229

Active Member
You said that probate has not been opened. If it has not then how can the PR claim to be closing it?

If another beneficiary opens probate and becomes the PR then it's my understanding that the PR can go after your sister for funds/items stolen from the estate. Someone would have to be willing to step up and do that though.
 

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