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Help with Dallas County Probate
#13236572
08/05/19 07:55 PM
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Joined: Jul 2013
Posts: 614
diggerwolf
OP
Pro Angler
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OP
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
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Re: Help with Dallas County Probate
[Re: diggerwolf]
#13236582
08/05/19 08:03 PM
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Joined: Oct 2005
Posts: 86,126
John175ā®
MACHO MAN
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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
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Re: Help with Dallas County Probate
[Re: diggerwolf]
#13236600
08/05/19 08:12 PM
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Joined: Jan 2009
Posts: 50,361
fouzman
Methuselah
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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.
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Re: Help with Dallas County Probate
[Re: diggerwolf]
#13236604
08/05/19 08:19 PM
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Joined: May 2014
Posts: 5,833
PondFish
TFF Celebrity
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TFF Celebrity
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.
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Re: Help with Dallas County Probate
[Re: diggerwolf]
#13236607
08/05/19 08:22 PM
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Joined: Jan 2009
Posts: 50,361
fouzman
Methuselah
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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.
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Re: Help with Dallas County Probate
[Re: fouzman]
#13236695
08/05/19 09:34 PM
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Joined: Aug 2003
Posts: 158
moss2940
Outdoorsman
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Outdoorsman
Joined: Aug 2003
Posts: 158 |
Fouzman and Poundfish gave you good advice.
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Re: Help with Dallas County Probate
[Re: diggerwolf]
#13236764
08/05/19 10:48 PM
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Joined: Jan 2009
Posts: 50,361
fouzman
Methuselah
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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  Been through this, recently. You're welcome to PM me.
Coincidence is His way of remaining anonymous.
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Re: Help with Dallas County Probate
[Re: diggerwolf]
#13236775
08/05/19 10:59 PM
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Joined: Jul 2010
Posts: 9,879
TR176
TFF Celebrity
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TFF Celebrity
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.
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Re: Help with Dallas County Probate
[Re: fouzman]
#13236785
08/05/19 11:06 PM
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Joined: May 2002
Posts: 95,333
Bob Davis
Bunkeroid Bob
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Bunkeroid Bob
Joined: May 2002
Posts: 95,333 |
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.
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Re: Help with Dallas County Probate
[Re: Bob Davis]
#13236810
08/05/19 11:21 PM
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Joined: Jan 2006
Posts: 33,045
Scagnetti
TFF Guru
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TFF Guru
Joined: Jan 2006
Posts: 33,045 |
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. Iām 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.
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Re: Help with Dallas County Probate
[Re: diggerwolf]
#13236920
08/06/19 12:45 AM
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Joined: Sep 2005
Posts: 28,102
Uncle Zeek
aka "Mom"
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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
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Re: Help with Dallas County Probate
[Re: diggerwolf]
#13237617
08/06/19 03:55 PM
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Joined: Jul 2013
Posts: 614
diggerwolf
OP
Pro Angler
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OP
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
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Re: Help with Dallas County Probate
[Re: diggerwolf]
#13237640
08/06/19 04:10 PM
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Joined: Jan 2009
Posts: 50,361
fouzman
Methuselah
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Methuselah
Joined: Jan 2009
Posts: 50,361 |
Coincidence is His way of remaining anonymous.
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Re: Help with Dallas County Probate
[Re: fouzman]
#13237657
08/06/19 04:22 PM
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Joined: Jun 2009
Posts: 5,481
J-2
"Hotblack Desiato"
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"Hotblack Desiato"
Joined: Jun 2009
Posts: 5,481 |
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.
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