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It is not. I have no idea why you think that. What is fishy about an attorney handling a task like that? That is part of what we pay them for.
When I was a teen I had a bad habit of getting speeding tickets and he could have handled it all w/o me, but he dragged me around with him through the process to make me feel some consequences. But legally, I didn't need to be there. I started hiring an attorney that wouldn't make me do anything but write a check. Now that I am old, I just stay under the speed limit.
And neither are you, nor are you being advised by one apparently. I am not saying that to be argumentative or cutesy - I'm pointing out that people are TRYING TO HELP YOU but our advice is apparently wasted. You may not believe this, but I honestly do care about your situation and wish someone - me or someone else, it doesn't matter - could get through to you and truly help you out of this mess. You are in a mess. But you CAN get out of it - or stay in it while it gets worse. And it's going to get worse.
I get that, I do, and I appreciate it VERY MUCH or I wouldn't come here! But accusing my Dad or me of doing 'fishy' things is not helpful at all. It just adds to my stress and clogs up the thread with useless talk about that.
It is not. I have no idea why you think that. What is fishy about an attorney handling a task like that? That is part of what we pay them for.
Texas law requires executors to be represented by attorneys in most cases, so there is nothing fishy about an attorney "handling a task like that." Nonetheless, court filings require signatures. Although it's just a minor detail in this bizarre narrative, I'm not sure your father could have simply filed this on your behalf without something indicating that he was acting as your attorney.
Why is he acting as your attorney, btw? Doesn't sound as if he's an estate/probate lawyer.
You forgot plan C. What if he gets so bad he has to go into a NH. What happens to the house then. Will they take it if he has a life estate?
Nope. Part of the point of one. He won't take it because of fantasy thinking. The smartest thing he could do for himself is to take the life estate and let his half go into a trust.
He isn't stupid, he knows that is best IF he has to go in one, but he is intent on never having to. Or at least delaying it as long as possible which who could blame anyone for that? The only rude part about that is mowing me over in the process. Otherwise, people get to choose what is quality of life for themselves.
All I know is my Dad (as my attorney) was able to file this w/o me or my signature. I am sorry I sounded insulting. It seemed like you were insinuating that it couldn't have been done that way and/or was illegal if if it was done that way.
The reason for waiting is that the situation with my brother has been ever-changing. For 4 years he's been 'on the verge' of going into a nursing home which changes everything. No one is happy that he needs one, obviously, but if that were to happen conveniently before probate, the probate decisions would be uncomplicated.
I do not fault my Dad for thinking pragmatically in this way. Despite common misconception things regarding the house with the acting as if life estate DID work right up until NOW. The taxes were paid. The insurance was paid. Repairs and maintenance were done. Etc.
The probate decisions are uncomplicated. What's in the will?
After the home is sold, the debts are paid, and the money is tallied up, it is split 50/50. Isn't that what is in you mother's will?
What you both will do with the money afterwards is up to you and your brother.
Last edited by GotHereQuickAsICould; 02-19-2019 at 04:39 AM..
So the estate owns the house until the will is probated, is that how it works?
Mineral rights are part of the house and you can't assign them to yourself because they are part of the house, which is being split 50-50.
Did your father tell you you could do that? If so, I would get another lawyer.
Why is your father filing things for you without your signature?
I think that is what "fishy" is referring to--not that you are doing anything wrong yourself, but that perhaps you are being major league manipulated and used to effect some end that your father wants for your brother.
Talk to your lawyer, and see if you even want to be the executrix. If you even want this property.
I think you need to obtain your own legal counsel to help you fulfill your duties as executrix, or to help you decide if you even want to be the executrix. You need to act independently, and not just do what your dad sets up.
Last edited by elkelives; 02-19-2019 at 05:50 AM..
So now we see that your father IS representing you in probating this mess. This is wrong on so many levels. And allowing it to happen is just sheer stupidity. You cannot be helped. You actually do not want to be helped, and I am tired of these hand-wringing threads that serve no purpose except to garner attention. So done with this madness.
LOL at the bolded. Not laughing at you, just this whole thing. I mean, it's not a matter of competency with him. It's a matter of he is NOT going to talk about if this then that blah blah. He takes things step by step, decades of experience tells him things CHANGE. Decisions based on what we know today are often a waste of time. I can ASSURE you he is competent. YEs, it drives some of us crazy because we want DETAIL but this is how he is. 'We'll see what happens'. (And note a lot has happened since the beginning)
On the probate date, we don't decide everything then. Or anything actually. I have 90 days to 'gather the assets' AFTER the judge accepts the will as valid and sufficient and after declaring me valid and sufficient as Executrix.
So when I say something like I am going to assign the mineral rights to myself I mean IF I can which I don't know yet and it isn't important to know now. It's small potatoes. I need the potatoes if I can have them for all of the things my brother is going to refuse joint responsibility for, but if those have to be split also, so be it.
There is a provision in the will for me to assign things to whoever. Things other than the house, the smaller things. A relative assigned everything to herself that wasn't nailed down in the will. (of another relative, nothing to do with this, just an example). It took her years to decide whether so and so could have this china or that piece of jewelry or whatever.
There was a time I might have needed to assign the dog to myself, if you remember that saga.
Mineral rights typically fall into a category that is defined in wills though.
I know it's not a matter of competency per se with your dad - it's a matter of "this is how he is." Why he hasn't told you that mineral rights are typically defined in a will, even if they're not named specifically, amazes me.
Look, frankly, as Executrix, you can do just about anything as long as no one calls your hand on things. That's the sad truth. But that doesn't make it right, or legal - it's just that the state doesn't "follow up" to be sure you're being honest - that's up to heirs. But in the case of mineral rights, in order to have those changed over - well, first it's typically an act of Congress to do so, they drag their feet, and they want a copy of the will along with letters of probate and all other sorts of things. It's not just a matter of you saying "Hi I'm the Executrix and I'm assigning the mineral rights to myself." Mineral rights companies follow the letter of the law to a T. And take their sweet time doing it too.
If your brother is an attorney, he knows the law on mineral rights and is expecting his half. You could get in some serious trouble trying to "assign them" to yourself. Now - china, furniture, dogs, etc - those are different things entirely and a lot more fluid and open to interpretation unless they are specifically named in a will.
This is exactly why the house needs to be sold - you say your brother is not going to accept responsibility for his half of things. What things - the house? Are there estate debts?
I get that, I do, and I appreciate it VERY MUCH or I wouldn't come here! But accusing my Dad or me of doing 'fishy' things is not helpful at all. It just adds to my stress and clogs up the thread with useless talk about that.
I'm not accusing your dad of doing "fishy" things - I do, however, think that he is part of a very dysfunctional family and that he has, maybe even subconsciously and probably because he thinks it's the "right" thing to do, been grooming you for decades to be your brother's caregiver. He is encouraging this undefined "life estate" which ties you to your brother financially, for one thing, when there are other options.
You need to be stressed about this situation, frankly, because you need to disentangle yourself, which will be stressful in the short haul but it's necessary.
So the estate owns the house until the will is probated, is that how it works?
Mineral rights are part of the house and you can't assign them to yourself because they are part of the house, which is being split 50-50.
Did your father tell you you could do that? If so, I would get another lawyer.
Why is your father filing things for you without your signature?
I think that is what "fishy" is referring to--not that you are doing anything wrong yourself, but that perhaps you are being major league manipulated and used to effect some end that your father wants for your brother.
Talk to your lawyer, and see if you even want to be the executrix. If you even want this property.
I think you need to obtain your own legal counsel to help you fulfill your duties as executrix, or to help you decide if you even want to be the executrix. You need to act independently, and not just do what your dad sets up.
Mineral rights are separate from the house in Texas. Mineral rights are separate property and are often not even attached to property that is owned.
I agree - Jencam needs another attorney.
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