texasfishingforum.com logo
Main Menu
Advertisement
Affiliates
Advertisement
Newest Members
Jeradws1245, meiqifan, Cbeard, CGraves2025, LakeTex
119588 Registered Users
Top Posters(All Time)
TexDawg 124,424
hopalong 121,182
Bigbob_FTW 104,000
Bob Davis 95,332
John175ā˜® 86,126
Pilothawk 83,913
Mark Perry 74,858
JDavis7873® 67,416
Forum Statistics
Forums59
Topics1,056,556
Posts14,270,372
Members144,588
Most Online39,925
Dec 30th, 2023
Print Thread
Page 1 of 2 1 2
Help with Dallas County Probate #13236572 08/05/19 07:55 PM
Joined: Jul 2013
Posts: 614
diggerwolf Offline OP
Pro Angler
OP Offline
Pro Angler
Joined: Jul 2013
Posts: 614
Not sure if my thread title will attract the right folks, but I am asking for help.

I am the executor of my uncle's estate. He's 76, never married, no children. Basically everything will divide fairly evenly among his four living niece and nephews.

He's not well. I have the will and other legal docs.

When he passes, what do I need to do? File with the Dallas County Probate Court? Is this something I can do myself or do I need a lawyer?

Total assets are about $750K. One of the nephews, my cousin, is an attorney in Houston and kind of a jerk. Although I am the executor, I'm sure he and I will have words because he won't think he's getting enough of the estate.

Trying to get everything in order because I suspect this will all go down within the next year.


"Life should not be a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside in a cloud of smoke, thoroughly used up, totally worn out, and loudly proclaiming "Wow! What a Ride!" ā€• Hunter S. Thompson
Re: Help with Dallas County Probate [Re: diggerwolf] #13236582 08/05/19 08:03 PM
Joined: Oct 2005
Posts: 86,126
John175ā˜® Offline
MACHO MAN
Offline
MACHO MAN
Joined: Oct 2005
Posts: 86,126
Add "anyone who challenges this will gets one dollar and the remainder is split between those who did not challenge the will."

Not a lawyer...just know a few.


Trump won three times
Re: Help with Dallas County Probate [Re: diggerwolf] #13236600 08/05/19 08:12 PM
Joined: Jan 2009
Posts: 50,361
fouzman Offline
Methuselah
Offline
Methuselah
Joined: Jan 2009
Posts: 50,361
I'd consult with a family trust and probate attorney. Scott Walker is who we use in Dallas. Take the will and docs and have him review them to make certain all the I's are dotted, t's crossed. Guardianship and Medical POA are very important and, if not properly addressed in his will, it will come back to bite you. If you want an attorney closer to you, my Houston attorney has a friend who does the same thing in Sherman. I'll get you his name and 411 if you'd like.

https://w-dlaw.com/


Coincidence is His way of remaining anonymous.
Re: Help with Dallas County Probate [Re: diggerwolf] #13236601 08/05/19 08:13 PM
Joined: Apr 2004
Posts: 5,643
bassfishinglawyer Online Content
TFF Celebrity
Online Content
TFF Celebrity
Joined: Apr 2004
Posts: 5,643
lawyer

Re: Help with Dallas County Probate [Re: diggerwolf] #13236604 08/05/19 08:19 PM
Joined: May 2014
Posts: 5,833
P
PondFish Offline
TFF Celebrity
Offline
TFF Celebrity
P
Joined: May 2014
Posts: 5,833
It would appear that you are one of the four nieces and nephews, is that correct?
Did your Lawyer cousin do the will?
If not, I would suggest trying to set up a meeting with your Uncle, you and his Attorney. It is often a good idea to video/record these types of meetings to determine lucidity of the person at the time.
Ask him what his wishes are, does he want to make any changes to anything.

How liquid is the estate? Are there going to be assets that you will have to liquidate? Start getting copies of any monthly statements; Checking, Savings, IRA, 401k, Life Insurance, etc for yourself so you have up to date information.
And lastly, maybe start having regular conversations with the other heirs.

Re: Help with Dallas County Probate [Re: diggerwolf] #13236607 08/05/19 08:22 PM
Joined: Jan 2009
Posts: 50,361
fouzman Offline
Methuselah
Offline
Methuselah
Joined: Jan 2009
Posts: 50,361
You'll also want to have your name on all the accounts Pondfish referenced.


Coincidence is His way of remaining anonymous.
Re: Help with Dallas County Probate [Re: fouzman] #13236695 08/05/19 09:34 PM
Joined: Aug 2003
Posts: 158
M
moss2940 Offline
Outdoorsman
Offline
Outdoorsman
M
Joined: Aug 2003
Posts: 158
Fouzman and Poundfish gave you good advice.

Re: Help with Dallas County Probate [Re: diggerwolf] #13236764 08/05/19 10:48 PM
Joined: Jan 2009
Posts: 50,361
fouzman Offline
Methuselah
Offline
Methuselah
Joined: Jan 2009
Posts: 50,361
So did bassfishinglawyer.

OP, get real advice from any attorney who is WELL-versed in these matters. You will thank me/us later cheers

Been through this, recently. You're welcome to PM me.


Coincidence is His way of remaining anonymous.
Re: Help with Dallas County Probate [Re: diggerwolf] #13236775 08/05/19 10:59 PM
Joined: Jul 2010
Posts: 9,879
T
TR176 Online Content
TFF Celebrity
Online Content
TFF Celebrity
T
Joined: Jul 2010
Posts: 9,879
When this much money is involved it will be best to have an attorney. There will be problems if anything is questioned by the heirs. In a sane world it would make sense to have an inventory of assets (which is one of the main jobs of an executor) and a plan to liquidate assets. 4 or maybe 5 adults should be able to have a conference call and agree to a planned outcome. Usually 401 type, and life insurance policy have beneficiaries which I would guess are set in stone and you only may be talking with things outside of those assets.

Re: Help with Dallas County Probate [Re: fouzman] #13236785 08/05/19 11:06 PM
Joined: May 2002
Posts: 95,333
B
Bob Davis Online Content
Bunkeroid Bob
Online Content
Bunkeroid Bob
B
Joined: May 2002
Posts: 95,333
Originally Posted by fouzman
I'd consult with a family trust and probate attorney. Scott Walker is who we use in Dallas. Take the will and docs and have him review them to make certain all the I's are dotted, t's crossed. Guardianship and Medical POA are very important and, if not properly addressed in his will, it will come back to bite you. If you want an attorney closer to you, my Houston attorney has a friend who does the same thing in Sherman. I'll get you his name and 411 if you'd like.

https://w-dlaw.com/


Solid advice here. I was the executor of a will one time. Went straight to the attorneys office. I did not want any latent repurcussions from anyone once the estate was settled. Any problems, take it up with the attorney.


[Linked Image]


[Linked Image]




Re: Help with Dallas County Probate [Re: Bob Davis] #13236810 08/05/19 11:21 PM
Joined: Jan 2006
Posts: 33,045
S
Scagnetti Online Content
TFF Guru
Online Content
TFF Guru
S
Joined: Jan 2006
Posts: 33,045
Originally Posted by Bob Davis
Originally Posted by fouzman
I'd consult with a family trust and probate attorney. Scott Walker is who we use in Dallas. Take the will and docs and have him review them to make certain all the I's are dotted, t's crossed. Guardianship and Medical POA are very important and, if not properly addressed in his will, it will come back to bite you. If you want an attorney closer to you, my Houston attorney has a friend who does the same thing in Sherman. I'll get you his name and 411 if you'd like.

https://w-dlaw.com/


Solid advice here. I was the executor of a will one time. Went straight to the attorneys office. I did not want any latent repurcussions from anyone once the estate was settled. Any problems, take it up with the attorney.


Iā€™m close to a family who lost their wealthy matriarch and they were all prepared for a contentious fight over the estate.

The executor hired an estate lawyer who got the will probated and in short order neutralized several claims from some very aggressive heirs.

That lawyer was worth his weight in gold.


[Linked Image]

Re: Help with Dallas County Probate [Re: diggerwolf] #13236920 08/06/19 12:45 AM
Joined: Sep 2005
Posts: 28,102
Uncle Zeek Online Happy
aka "Mom"
Online Happy
aka "Mom"
Joined: Sep 2005
Posts: 28,102
I'd be glad to review his will and amend it as needed to avert the problems you're anticipating. Given the estate size you're talking about, he might benefit from some estate planning, depending on what he owns (no, don't post what he owns publicly here).

Either he or you can contact me at the email or phone in my sig line.

Zac


"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein
Artim Law Firm, PLLC
Estate planning & tax attorney AND 07/02 FFL
2250 Morriss Road, Suite 205, Flower Mound, Texas 75028
972-746-0758 mobile
zac@artimlegal.com
Re: Help with Dallas County Probate [Re: diggerwolf] #13237617 08/06/19 03:55 PM
Joined: Jul 2013
Posts: 614
diggerwolf Offline OP
Pro Angler
OP Offline
Pro Angler
Joined: Jul 2013
Posts: 614
Thanks for all of the useful advice.

To answer some questions - Yes I am one of the heirs. My lawyer cousin did not prepare the will; I don't think he's even seen it. The estate is mostly liquid (bank accounts, stocks, etc.). He has no life insurance. He has no debt. His house and vehicles are collectively worth maybe $200K with no notes. I addition to being the named executor, I am the attorney-in-fact for his Durable POA and Medical POA.

FWIW, much of his estate will be split between me and the niece. A smaller portion will go to my brother and the lawyer cousin. Plus, here's where it gets interesting, the lawyer cousin owes our uncle $5,500.

I will call Scott and Zac and start interviewing attorneys.

Thanks again!


"Life should not be a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside in a cloud of smoke, thoroughly used up, totally worn out, and loudly proclaiming "Wow! What a Ride!" ā€• Hunter S. Thompson
Re: Help with Dallas County Probate [Re: diggerwolf] #13237640 08/06/19 04:10 PM
Joined: Jan 2009
Posts: 50,361
fouzman Offline
Methuselah
Offline
Methuselah
Joined: Jan 2009
Posts: 50,361
Good luck, sir!


Coincidence is His way of remaining anonymous.
Re: Help with Dallas County Probate [Re: fouzman] #13237657 08/06/19 04:22 PM
Joined: Jun 2009
Posts: 5,481
J-2 Offline
"Hotblack Desiato"
Offline
"Hotblack Desiato"
Joined: Jun 2009
Posts: 5,481
Originally Posted by fouzman
I'd consult with a family trust and probate attorney. Scott Walker is who we use in Dallas. Take the will and docs and have him review them to make certain all the I's are dotted, t's crossed. Guardianship and Medical POA are very important and, if not properly addressed in his will, it will come back to bite you. If you want an attorney closer to you, my Houston attorney has a friend who does the same thing in Sherman. I'll get you his name and 411 if you'd like.

https://w-dlaw.com/


I use Scott as well. Sound advice here.

Page 1 of 2 1 2
Previous Thread
Index
Next Thread

© 1998-2022 OUTDOOR SITES NETWORK all rights reserved USA and Worldwide
Powered by UBB.threads™ PHP Forum Software 7.7.3