No Will; property in OK and TX

[Shadowbunny]

What is the name of your state (only U.S. law)? TX

FIL died without a will in TX. MIL was named executor of the estate. 2 adult children (my husband and his sister) are only offspring. FIL owned 1 property in TX and 3 in OK that were in his name only (he and MIL have only been married a few years, he has had the properties for over 20 years).

The attorney hired by MIL wrote my DH today to let him know the estate in regards to the TX property is liquid, and distributions would be made soon. However, the OK props have not sold yet. MIL has opted to waive her rights to the OK properties, so proceeds from those sales would be split between DH and SIL. But, she also doesn't want to be the executor after the TX probate is over. Her atty stated that OK requires an executor be appointed for the OK props. DH and SIL both prefer MIL remain executor until the completion of entire probate, including the OK props but atty states she's only obligated for the TX portion, so doesn't have to petition the court to remove herself once the TX assets are distributed and probate closed.

So, here is the question: is MIL obligated to see the probate through to the end, or is she off the hook once the TX portion is complete? I found some info about ancilliary adminisration procedures, but nothing that addresses the personal rep/executor issue.

Thanks for any input.

 

[Ohiogal]

What is the name of your state (only U.S. law)? TX

FIL died without a will in TX. MIL was named executor of the estate. 2 adult children (my husband and his sister) are only offspring. FIL owned 1 property in TX and 3 in OK that were in his name only (he and MIL have only been married a few years, he has had the properties for over 20 years).

The attorney hired by MIL wrote my DH today to let him know the estate in regards to the TX property is liquid, and distributions would be made soon. However, the OK props have not sold yet. MIL has opted to waive her rights to the OK properties, so proceeds from those sales would be split between DH and SIL. But, she also doesn't want to be the executor after the TX probate is over. Her atty stated that OK requires an executor be appointed for the OK props. DH and SIL both prefer MIL remain executor until the completion of entire probate, including the OK props but atty states she's only obligated for the TX portion, so doesn't have to petition the court to remove herself once the TX assets are distributed and probate closed.

So, here is the question: is MIL obligated to see the probate through to the end, or is she off the hook once the TX portion is complete? I found some info about ancilliary adminisration procedures, but nothing that addresses the personal rep/executor issue.

Thanks for any input.

She can quit being executor. She didn't have to start being executor. She is actually being very generous because she is entitled to a great portion of FIL's estate -- what she could take intestate if the will awarded her less.

 

[Shadowbunny]

Thanks, Ohiogal. I assumed that was the case, but SIL is raising a stink about this. I don't blame MIL one bit for throwing in the towel-- this whole ordeal has been an exercise in frustration. I've learned more than I ever wanted to know about what happens when one dies without a will.

 

[justalayman]

Thanks, Ohiogal. I assumed that was the case, but SIL is raising a stink about this. I don't blame MIL one bit for throwing in the towel-- this whole ordeal has been an exercise in frustration. I've learned more than I ever wanted to know about what happens when one dies without a will.

Dang, that's real simple: they bury them or cremate them or whatever, just like if there was a will. Having a will changes nothing.

 

[Shadowbunny]

Regarding the TX estate:

MIL was reimbursed by the estate for a "consolidation loan." The amount was roughly $54,000. Who verifies that the "consolidation loan" was used for the debts of my FIL and/or his estate? It wasn't listed in the initial debts of FIL. My husband has asked MIL and MIL's attorney for an explanation of the loan, but it's been 7 weeks and no response besides "she's (MIL) working on it." My husband rec'd a check, but hesitates to cash it until someone accounts for this mystery loan.

Which leaves 2 questions:

1) Would the probate court have verified that this was a legitimate debt?
2) If not, any advice on getting an accounting from the executor?

 

[anteater]

Is this an independent administration?

 

[Shadowbunny]

Is this an independent administration?

Yes it is.

 

[anteater]

I'm not in Texas - just know a bit about probate from contacts there. My understanding is that independent administration there really is independent. Once the executor/administrator has been appointed, the only obligation to the court is to file an inventory. "Closing the probate estate," as we know it in most states, is not even required.

All of which is to say, if the executor is not going to provide the information to your husband, he's probably going to have to consult with an attorney and get the issue before the court.

 

[Shadowbunny]

Rats. Hate to have to get an atty involved, but 18K is a chunk of money.

Thanks for the input, anteater (even if it wasn't what I wanted to hear!)

shadowbunny

 

[LdiJ]

Rats. Hate to have to get an atty involved, but 18K is a chunk of money.

Thanks for the input, anteater (even if it wasn't what I wanted to hear!)

shadowbunny

Does your husband really want to open up that can of worms? The wife is giving up her rights to a share of the OK properties, and even if the 54k consolidation loan is somehow invalid, she could easily change her mind and insist on her intestate share of the OK properties. If the consolidation loan IS valid, then again, she could change her mind and insist on her intestate share of the OK properties. It might very well be better to leave well enough alone.

 

[Shadowbunny]

LDiJ, that's been my thought process -- $54k split 3 ways (wife, sis, my DH) is only $18k (calling it "only" 18k because of the possible hassle). But I'm conflict-avoidant, so I'm not always the best standard of when to just walk away.

 

[LdiJ]

LDiJ, that's been my thought process -- $54k split 3 ways (wife, sis, my DH) is only $18k (calling it "only" 18k because of the possible hassle). But I'm conflict-avoidant, so I'm not always the best standard of when to just walk away.

How much are they going to lose if she changes her mind and demands her intestate share of the OK properties? Is it more than 54k between them?