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I have to stop you there. That is incorrect. Where did you go to law school?
All of a sudden, Jen you are snapping at people who give you(a free) advice. Did I hit a nail on the heard somewhere in my post?
Sorry, but most of it is common knowledge: very few of us here are younger than 30, most all of us had lost someone in our life’s or prepared for loss by setting up trusts, wills, powers of attorney, dealt with estates or just well read.
I found that most people on this forum are pretty well educated professionals in different fields and we learn from each other. For that I am grateful!
Obviously,there are a few local differences among the states legal statutes regarding legal matters, but not too far off...
What do YOU THINK the responsibilities of the Executor are? What do you think would happened when you have your 5 min in front of the judge. He will ask you what is in the Estate? Are you going to lie and say just the house?
Do you know that probate costs money? Quite often it depends on the size of the estate. If you mislead the judge or hide something- you just committed a crime are you willing to go there? Ask your Dad if he has his wits about it.
All of a sudden, Jen you are snapping at people who give you(a free) advice. Did I hit a nail on the heard somewhere in my post?
Sorry, but most of it is common knowledge: very few of us here are younger than 30, most all of us had lost someone in our life’s or prepared for loss by setting up trusts, wills, powers of attorney, dealt with estates or just well read.
I found that most people on this forum are pretty well educated professionals in different fields and we learn from each other. For that I am grateful!
Obviously,there are a few local differences among the states legal statutes regarding legal matters, but not too far off...
What do YOU THINK the responsibilities of the Executor are? What do you think would happened when you have your 5 min in front of the judge. He will ask you what is in the Estate? Are you going to lie and say just the house?
Do you know that probate costs money? Quite often it depends on the size of the estate. If you mislead the judge or hide something- you just committed a crime are you willing to go there? Ask your Dad if he has his wits about it.
So no need for lawyers right? And when TWO Texas probate attorneys tell me the same thing I should go no, that isn't right. Someone on C/D said you're wrong. I'm going to ignore you both and do what they advise, even though the advice is contradictory among the different posters. Sounds like a great plan.
does not have to post a bond (an insurance policy protecting the estate against losses caused by the executor’s careless or dishonest acts) does not have to ask court permission before taking many steps to settle the estate, such as paying debts, setting aside a family allowance, selling estate property, and distributing assets to the people entitled to inherit them.<<<
You don't need to hire a lawyer or go to court. You just need to execute the Will! It's even easier than the two states where we have executed Wills.
does not have to post a bond (an insurance policy protecting the estate against losses caused by the executor’s careless or dishonest acts) does not have to ask court permission before taking many steps to settle the estate, such as paying debts, setting aside a family allowance, selling estate property, and distributing assets to the people entitled to inherit them.<<<
You don't need to hire a lawyer or go to court. You just need to execute the Will! It's even easier than the two states where we have executed Wills.
It doesn't say that I can mail the will in. I have to go before a judge and have the will approved and me approved.
Jen,
The point I am trying to make to you , that lawyer will give you advice on some matters you don’t want rightfully disclose here, but lawyer only knows and gives advice from what you are telling them.
If you do not give a correct information( because, you did not set up a postal mail to go to you- so you do not know, how much or little money came from mineral rights in 4 years, did someone cash it fraudulently?, is anyone using credit card in the name of your Mom?, was she getting social security? Depending when your Mom received it last - the Estate may need to pay it back to the government!
Look it up on IRS website. Only you know the answer- no lawyer is going to help you there- you had to do it 4 years ago, or start getting this information now)
Have you and Dad never talked about it?
Sorry, maybe you are very young and nobody told you what the The role the Executor plays?
You could just tried to google it 4 years ago...
I get the feeling your professional legal advice has been in the form of your father and a free consultation from a local lawyer.
That doesn't answer the question. Professional legal advice advisable or not? And, should I have used a non-local lawyer? You guys are hilarious. ! Maybe one from another state who has no idea of Texas law.
Jen,
The point I am trying to make to you , that lawyer will give you advice on some matters you don’t want rightfully disclose here, but lawyer only knows and gives advice from what you are telling them.
If you do not give a correct information( because, you did not set up a postal mail to go to you- so you do not know, how much or little money came from mineral rights in 4 years, did someone cash it fraudulently?, is anyone using credit card in the name of your Mom?, was she getting social security? Depending when your Mom received it last - the Estate may need to pay it back to the government!
Look it up on IRS website. Only you know the answer- no lawyer is going to help you there- you had to do it 4 years ago, or start getting this information now)
Have you and Dad never talked about it?
Sorry, maybe you are very young and nobody told you what the The role the Executor plays?
I know the correct information and the one and only very small unknown is known to be unknown and we will deal with that.
The funeral home sends a death cert electronically, did you know that? To SS and Medicare. They did that. I followed up anyway. Made sure they knew. The check deposited anyway as they said it might. They said don't close the account until we can take it back out.
That doesn't answer the question. Professional legal advice advisable or not? And, should I have used a non-local lawyer? You guys are hilarious. ! Maybe one from another state who has no idea of Texas law.
If the estate is as simple as you claim, you shouldn't need much legal advice at all. But if you've screwed it up to the extent that many of your posts indicate, you may need more than your father and a free consultation from someone else to keep you out of legal trouble.
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