Estate Litigation Legal Questions

In the event of a death without a will, you can request to be appointed as the administrator of his estate.  There are certain person who have "priority" to serve as administrator.  they are all biological relations to the decedent.  If they renouce their priority in favor of you, you can be appointed.  You can also file a petition with the court to be appointed and those people will receive notice and opportunity to object.  If they do not, you can serve.  Whatever is statutorily left to your son via the laws of intestate succession will have to be paid to a court appointed guardian for his benefit until he reaches the age of majority.  This process is complicated and I would suggest that you retain counsel to assist you. ... Read More

Well there are a lot of reasons why the administration of an estate can take years.  Mostly it depends on the types of assets or liabilities in the estate.  I am currently representing an estate for a decedent who has open claims relating to asbestos exposure.  Those claims take a long time to pursue to conclusion.  I had another were the decedent owed significant IRS tax debt.  We had to work a long time to resolve the tax debt with the IRS and the estate could not be finalized until that was completed.  I'm sure you've been in contact with the estate attorney but you might try a new approach and ask for a specific, written plan to get the estate to final resolution.  If you can't get that from the attorney, you might consider consulting with someone else to get a fresh set of eyes on the situation. ... Read More

Remaindermen do not have rights of possession, so yes you can keep them off, however you said that you own 1/2. Who owns the other 1/2? The other 1/2 owner would certainly have rights of possession. If these remaindermen are remaindermen to the other 1/2 owner then they can be allowed to enter the property by permission of the other 1/2 owner (not as any rights of remaindermen)... Read More

If you bought property from an estate, the executor would give you an executor’s deed and that deed would be recorded in the land records for the county.  If you bought a car, the title would be signed over to you from the estate.  Assuming the deed is in your name and the title is in your name, the executor will have a hard time reclaiming that property from you.  If you did not get a deed or the title when you purchased these items, it might be quite easy to take these items back from you.  You should seek legal help for these issues.... Read More

I'm sorry, but this is not a simple question to answer.  The true answer is, it depends on the circumstances.  The scope of a trustee's duty to account and to report information is governed generally by Prob C §§16060–16069 (general and specific duties, and exceptions), §§15800, 15802–15805 (beneficiaries entitled to notice), and the provisions of the trust instrument concerning accounting and reporting of information. The trustee's statutory duties vary depending on whether the trust is a revocable trust, an irrevocable trust, or a testamentary trust still subject to continuing court supervision. Furthermore, the duties can be modified by the terms of the trust instrument so as to be more stringent against the trustee. See Prob C §16000 (trustee required to administer trust according to trust instrument).... Read More

Most likely, a probate action is required to transfer the mineral rights from your father to his heirs.  If your father had a will or trust, then the mineral rights will be distributed according to those terms.  If your father died without a will or trust, then the laws of intestate succession will determine who are his heirs.  However, if this was community property, then his wife would be entitled to all of it.  If it was separate property, then she may only be entitled to a portion of it.... Read More

If you r name was just on the account, it is called an account of convenience meanign your name was there to assist with bill paying.  The attorney is probably thinking the money belonged to the estate, not to you.  Although it probably would have been best to notify you and not just take the funds.    ... Read More

You will need to file a complaint in the court of the county in which the will was probated.  You will need to ask for an accounting of what was done in the estate, and what the current status of the estate is.  If they refuse to produce that, they can be removed as the executor.  ... Read More

Single-member LLCs are generally ignored for tax purposes--you would report its income on your 1040. Other than taxes, the biggest risk of liability for a brokerage account would be if you are trading on margin. I doubt the brokerage would approve you for margin trading unless the LLC had substantial assets in reserve. If you faced bankruptcy in the future,your interest in the LLC would likely have to go to the trustee for distribution to creditors. If the LLC were sued directly, it's possible they would be able to pierce the corporate veil and make you personally liable.  Most likely you would be better off setting up a trust. Get in touch with an experienced trusts attorney to talk about your options.... Read More

If your mother died testate (with a Will), then you will need to file it for probate, get it admitted to probate and you appointed as her Independent Executor, presumably, without bond. If your mother died intestate (without a Will), then you will need to file an Applicatioon for Administration, get appointed as her Administrator, post a bond and proceed from ther in a court supervised administration.  You may have the option to open an Independent Administration to avoid the bond and court supervision. In either case, you have to hire an attorney because attempting to represent an estate in a court of law is the unauthorized practice of law, since the estate is not you. Kevin Spencer (214) 965-9999 www.spencerlawpc.com ... Read More

You can certainly send a letter -- it would be better than nothing.  However, if you want to give yourself the best chance to bring your concerns to the court's attention, you should retain an attorney to represent your interests.  Simply referring you to a form would not do much to advance your situation.... Read More

Please provide the following information:   1.      County where probate is pending or anticipated. 2.      Name of Decedent 3.      Name of nominated executor   4.      General reasons why you want to contest an estate.... Read More