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The lawyer should be sacked for not having this estate moved through probate years ago. Or possibly even disciplined by the state board. Is he charging the (his ex-wife's) estate?
OP as it stands you own nothing from that estate.....The house ownership is in limbo. And if the taxes are delinquent, the county/city might even have a lien on it.
You go get your OWN attorney and ask for a partitioning of assets. Because apparently "the will" says undivided shared ownership. Partitioning forces a sale for market price and then the division of proceeds to owners. Your brother can rent something more suited with his portion & you can be free of his manipulation.
Or if you are happy with this, let this continue on.
Huh? In Texas we have 4 years to probate a will. There were really good reasons not to probate any sooner.
t looked like it was going to solve itself. It sounds awful to say, no one wants someone to have to go into a nursing home, but it looked like there was no other option. Then, all these decisions would be easy and clear.
That ended up not happening, but that doesn't mean it was wrong of my Dad to be pragmatic on that front. The situation has been fluid and he was seeing how it was going to shake out. I agreed with that approach.
Now he's in a jam. Favoring one sibling over the other is not in the cards. He was never trying to favor either of us, but putting one in the street is pretty favorable to one over the other isn't it? I know, allowing my interests to be sacrificed is the other way around. That is why I say he is in a jam. He's trying to figure it out.
Think of it from his viewpoint. On the one hand, you have the course of action to put one 'child' in the street. On the other, you have the potential, not imminent danger, but potential that the other will end up sacrificing.
The last time I talked to him he said he's not so sure about the life estate anymore. Which is immaterial because at probate he doesn't decide that, I do. But that demonstrates that he is seeing that the original plan won't work.
There is no reason to storm the office and proclaim I am NOT signing one. I have tried multiple times to bring up the fact that I want it to be CONDITIONAL and have OVERSIGHT so that conditions can be enforced or I go for a partition.
IF he still wants me to sign one at probate I can simply say no. IF he expresses dismay or whatever I can say we don't have to do it today. We can talk about the conditional one.......
But I don't think he will. He has three relatives in his ear nagging him about all the things he'd rather not see or deal with. My Dad is not a talker nor one to telegraph his plans. Probably because lawyer. That is smart. Unlike me. Brother and/or BOB are probably reading me telegraph my every thought on here.
Huh? In Texas we have 4 years to probate a will. There were really good reasons not to probate any sooner.
t looked like it was going to solve itself. It sounds awful to say, no one wants someone to have to go into a nursing home, but it looked like there was no other option. Then, all these decisions would be easy and clear.
That ended up not happening, but that doesn't mean it was wrong of my Dad to be pragmatic on that front. The situation has been fluid and he was seeing how it was going to shake out. I agreed with that approach.
Now he's in a jam. Favoring one sibling over the other is not in the cards. He was never trying to favor either of us, but putting one in the street is pretty favorable to one over the other isn't it? I know, allowing my interests to be sacrificed is the other way around. That is why I say he is in a jam. He's trying to figure it out.
Think of it from his viewpoint. On the one hand, you have the course of action to put one 'child' in the street. On the other, you have the potential, not imminent danger, but potential that the other will end up sacrificing.
The last time I talked to him he said he's not so sure about the life estate anymore. Which is immaterial because at probate he doesn't decide that, I do. But that demonstrates that he is seeing that the original plan won't work.
There is no reason to storm the office and proclaim I am NOT signing one. I have tried multiple times to bring up the fact that I want it to be CONDITIONAL and have OVERSIGHT so that conditions can be enforced or I go for a partition.
IF he still wants me to sign one at probate I can simply say no. IF he expresses dismay or whatever I can say we don't have to do it today. We can talk about the conditional one.......
But I don't think he will. He has three relatives in his ear nagging him about all the things he'd rather not see or deal with. My Dad is not a talker nor one to telegraph his plans. Probably because lawyer. That is smart. Unlike me. Brother and/or BOB are probably reading me telegraph my every thought on here.
Is there a will?
Whose name is on the house deed today?
The estate attorney or administrator of the will must follow "the will", not decide whatever he thinks is best. That's not the way it works.
Is there a will?
Whose name is on the house deed today? The estate attorney or administrator of the will must follow "the will", not decide whatever he thinks is best. That's not the way it works.
Yeah, that is what I was saying in response to you or someone saying Dad should put it in a trust. He can't make that call. I'm the Executrix. I can't make that call.
So if there is a will that says the property is split 50/50 and the will takes 4+ years to probate, then
the OP does not own half the house now. The estate owns it.
Why is the estate not paying the tax, insurance, and other bills on the house until the transfer of ownership?
Q
Think of it from his viewpoint. On the one hand, you have the course of action to put one 'child' in the street. On the other, you have the potential, not imminent danger, but potential that the other will end up sacrificing. unq
Selling the house does not put your bro on the street. He can buy a new home or rent. Thinking he will wind up on the street, is a bit melodramatic.
"The general rule in Texas is that the executor has four years from the date of death of the testator, or person who drafted the will, to file for probate. Generally, if the executor does not file the will within that prescribed time period, the laws of intestacy will govern how the estate’s assets are distributed. In that case, it would be as if the person died with no will and the laws of the state would decide how the assets are distributed to each heir."
"In practice, a will is usually probated in Texas from between two months to one year of the estate owner’s death."
Whatever reasons the OP and her family have for not probating this will for four years, it is time to do so.
If the OP wants this never-ending drama to continue, she will agree to the life estate proposal and put her own financial future at risk to protect her irresponsible brother.
If the OP wants to bring this drama to an end, she will decline and insist the will be executed according to her mother's expressed wishes.
Either her brother is capable of managing financial decisions on his own or he is not. If the father worries that he is not able to handle financial decisions, then he can apply for guardianship.
Q
Think of it from his viewpoint. On the one hand, you have the course of action to put one 'child' in the street. On the other, you have the potential, not imminent danger, but potential that the other will end up sacrificing. unq
Selling the house does not put your bro on the street. He can buy a new home or rent. Thinking he will wind up on the street, is a bit melodramatic.
He could move in with his best friend Bob and his wife, the RN.
Brother has all sorts of housing options including an assisted living facility.
Years ago, I was a social worker on a crisis response team.
We had a number of "frequent fliers" who lived "independently" by providing a place to live for a variety of drug dealers, hookers, and assorted ne'er do wells.
When a crisis came up, such as falling and their current live-in help not able to get them up, or a medical issue that required attention, or ... they called the Fire Dept. or 911, who would call us.
We always went out with police officers as you never knew what you'd find.
There is an underbelly of predators who prey on people in such situations. Setting your brother up for this kind of life is doing him no favors.
Hmm, did a post "disappear" on here? One that described how the will got made, amended, then conveniently not filed? Because ... shenanigans. I call Shenanigans on the whole lot of you.
jencam, every single post you make demonstrates to me that (a) your family has chosen to enable your brother and make this situation unnecessarily complicated, and (b) you thrive on this drama and will do nothing to stop it. There are several clear cut options for disentangling and ending the madness, but you won't take them. YOU ARE CHOOSING TO KEEP THE INSANITY GOING.
This is all on you at this point. You have control and can make decisions. You will not make them.
Yeah, that is what I was saying in response to you or someone saying Dad should put it in a trust. He can't make that call. I'm the Executrix. I can't make that call.
I didn't say your dad could or should change your Mom's will - I asked if Dad had addressed the trust issue in his own will.
Your dad needs to stay out of your mom's probate entirely. You are the executrix, not him.
WHO CURRENTLY OWNS THE HOUSE IN QUESTION? People are asking that over and over again. AND HOW DOES YOUR MOM'S WILL DIVIDE THAT ASSET? Specific language, please.
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