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Old 08-07-2018, 10:36 AM
 
Location: Texas
1,456 posts, read 1,509,374 times
Reputation: 2117

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Hi Folks,

I am mired in the hell of Texas probate.

Please make a will now using a lawyer. It is your best bet and even that no guarantee.

The 2 articles below are about guardianship, that is terrible as well.

https://www.texasobserver.org/texas-...nship-neglect/
The Death of Democracy in the Probate

What I am dealing with is a will and a handwritten codicil and because of slight ambiguity and a possible heir the lawyers are coming out to feed. It is estimated 40-60k will be needed to settle this if contesting continues. All my loved one had was a home.

This is seriously one of the most anxiety ridden, horrific systems I have ever seen. In the one article the Doctor calls it undemocratic, I would go so far as to say it is criminal.

The steps in place actually encourage discord, and appeals. Then if an appeal happens 3 lawyers have to be involved, 2 feeding off the probate account which is now frozen! Then if the appeal is successful the 3rd lawyer feeds off same account!

It truly is a vampiric system.

After this is all over I plan on becoming more active in fighting this system. Do-it-yourself probate should be the order of the day. Lawyers should not need to be a heavily involved. Also the order of things is downright scary. My love one died in January and I still cannot pay myself back for anything I paid for, going broke! No end in site. Why in the hell did the bank part not take precedence! It should have been the 1st thing taken care of-not it all rolls into one! Asinine!

I am starting to think the whole things is designed so people lose the loved ones home and assets and banks and lawyers profit.

It makes me sick and angry as hell!
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Old 08-07-2018, 11:30 AM
 
Location: SW France
16,656 posts, read 17,422,433 times
Reputation: 29937
I'm going through probate back in the UK so I feel for you.

You might get better responses in other forums on City Data.
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Old 08-07-2018, 01:14 PM
 
Location: NW Indiana
44,348 posts, read 20,047,057 times
Reputation: 115281
Quote:
Originally Posted by Jezer View Post
I'm going through probate back in the UK so I feel for you.

You might get better responses in other forums on City Data.
I've been through the same thing, though many years ago, with my grandmother's estate. She died the day after my grandfather's funeral. A son who lived out of state and rarely had anything to do with either of them insisted we hire his attorney friend to handle the relatively small estate. Grandparents had a nice 3BR brick house on a corner lot, nice car, though not a lot of investments. The attorney drew things out for more than three years and after he took all his fees and "expenses" there was $3,000 left. So, OP, I understand your frustration all too well.

Moderator note: Thread moved from Other Topics to P&OC. That's the best home I could find for it.

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Old 08-07-2018, 01:37 PM
 
19,609 posts, read 12,206,783 times
Reputation: 26398
Quote:
Originally Posted by PJSaturn View Post
I've been through the same thing, though many years ago, with my grandmother's estate. She died the day after my grandfather's funeral. A son who lived out of state and rarely had anything to do with either of them insisted we hire his attorney friend to handle the relatively small estate. Grandparents had a nice 3BR brick house on a corner lot, nice car, though not a lot of investments. The attorney drew things out for more than three years and after he took all his fees and "expenses" there was $3,000 left. So, OP, I understand your frustration all too well.

Moderator note: Thread moved from Other Topics to P&OC. That's the best home I could find for it.

.
That is stealing. Somehow they are allowed to do it. Even if they screw up a case, they get to take it. Try suing a swindling lawyer for malpractice.

I am sorry for OP and everyone victimized by the "legal" system. It is set up like the tax system to make everything too complex and risky to do on our own.
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Old 08-07-2018, 01:46 PM
 
813 posts, read 600,452 times
Reputation: 3160
POD's and beneficiaries are a must! Wills are subject to misinterpretation. Joint ownership of accounts can help, but nothing is bullet-proof.

Good luck, Rg
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Old 08-07-2018, 01:50 PM
 
27,624 posts, read 21,117,473 times
Reputation: 11095
There is a disease in many of the USA court systems and none worse than family court. There is so much corruption and good old boys club mentality. There is a revolving door between the court judges and attorneys and the various agencies that are supposed to help families but in actuality, they go out of their way to make things worse and drag things out. This is a national problem but I am dealing with it in NY. They have a federal slush fund and all of the corrupt players feed off of it like bloodthirsty vampires. If I hadn't seen for myself, how the court appointed attorneys working against you knowingly lie and take sadistic joy in doing so, I would not have believed it. Just google corruption in family court and you will not believe some of the stories/videos. A third world country would do better...Disgusting! Shameful!
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Old 08-07-2018, 03:27 PM
 
3,106 posts, read 1,768,194 times
Reputation: 4558
To the extent possible, the best course of action is to get assets into the names of heirs while still alive. In my State something frequently done is what is called a Life Estate. In a nutshell the kids are added are additional owners and upon the parent's death the kids just own the house. No probate needed. While the parent is still alive they legally have possession of the house including the right to change their mind about the heirs.



Bank accounts can be held jointly with the heirs, then the survivors automatically own it when the other person dies. No probate needed.



Anyone who doesn't trust their heirs enough to do this kind of stuff needs to rethink who their heirs are.
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Old 08-07-2018, 07:39 PM
 
33,387 posts, read 34,820,716 times
Reputation: 20030
trusts are better than wills.
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Old 08-09-2018, 05:57 PM
 
6,835 posts, read 2,397,655 times
Reputation: 2727
Quote:
Originally Posted by rbohm View Post
trusts are better than wills.
But do you personally trust a will?
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Old 08-09-2018, 06:02 PM
 
34,278 posts, read 19,358,607 times
Reputation: 17261
Have a decent family.

When my mom died she did so without a will. We still managed to figure it all out and no one left upset.
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