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What happens if the executor does not probate the will?

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TexasCowgirl

Junior Member
What is the name of your state (only U.S. law)? Texas

Brother has not probated will and mother will not force him to do so as she doesn't even realize what probate means that that it has to be done. What happens in a case like this? Does anyone contact you? In the meantime, the joint checking that dad and mom had is still open and she is still paying bills out of that account. There are three vehicles that have to be taken care as they were in his name. There are credit cards that brother took out unknowing to father with large amounts that have to be taken care of, if he did not have insurance on the cards, etc. Exactly what happens in this case?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Texas

Brother has not probated will and mother will not force him to do so as she doesn't even realize what probate means that that it has to be done. What happens in a case like this? Does anyone contact you?
File to open probate.

In the meantime, the joint checking that dad and mom had is still open and she is still paying bills out of that account.
That's because it's her money to do with as she pleases.
There are three vehicles that have to be taken care as they were in his name.
File to open probate.
There are credit cards that brother took out unknowing to father with large amounts that have to be taken care of, if he did not have insurance on the cards, etc. Exactly what happens in this case?
This question was addressed in your prior thread: https://forum.freeadvice.com/probate-personal-representatives-114/father-died-son-had-opened-credit-cards-fathers-name-without-permission-481718.html
 

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