Probate Legal Questions

They have zero duty to respond to you.  In most states an heir or benefiiciary is not even entitled to demand an accounting until over a year after the court has appointed an executor or administrator.  This gives that person time to gather the assets, file the final tax return and pay at least some of the creditors.... Read More

A great deal will depend on whether or not the trust owned the oil and gas interest at the time your husband died.  Over the years, i have seen many trusts set up but assets not transferred to it.  It may be best to hire a Texas probate lawyer to deal with Marathon Oil to see what needs to be done.... Read More

I will need a lot more information to know if your brother is mistreating you.  However, an executor is required to do exactly what the will requires him to do.  To the extent he is not doing that, you can file a Petition for Settlement of Accounts and require him to report to the judge what he is doing and why he has not paid you the inheritance you are due.  You should contact a lawyer to assist you with this problem.  It is not as straightforward as it seems.... Read More

Your question does not actually specifically name any kind of application, and it's not clear from your post exactly what your friend may need to do. However, if he is a child (or another kind of relative) of a person who died owning land in Georgia, then he likely needs to figure out what to do with the estate. If he is incarcerated, he likely won't be able to handle the estate himself. Whether or not you will be able to do anything on his behalf is an open question. Unfortunately, this forum is not intended for anyone to be able to provide actual legal help or advice. You, on behal of your friend, need to contact an attorney who handles probate matters in the Monroe, Georgia area (not all probate attorneys work in all counties) and get a consultation. After asking more questions and gathering more information, the attorney can then help you figure out what can, should, or must be done to help your friend. But there's no way to know what is needed without a lot more information than you can or should be posting online in a public forum. Best wishes to you and your friend.... Read More

Best wishes on your marriage! If you decide to change your name, then yes, you will need to change your driver's license and your Social Security card information to reflect the correct name. You will generally need a certified copy of your marriage license for that, along with a certified copy of your birth certificate. Here is a link to the Social Security information about changing your name: https://faq.ssa.gov/en-us/Topic/article/KA-01981 Here is a link to information about how to change your name on a Georgia driver's license: https://dds.georgia.gov/georgia-licenseid/general-license-topics/real-id  ... Read More

If you are the only beneficiary, you might wind up with the house.  But it is the executor's duty to gather the assets, pay the debts and distribute what is left according to the Will.  The house may have to be sold to pay the debts.  If so and if you do not leave voluntarily, you could be evicted.... Read More

You need a lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration, showing that you and your siblings are the heirs (if your mother or any stepmother is no longer with us) and giving you authority over all your father's property.  You can then sue your aunt for conversion (converting your father's property to hers), though, hopefully, you can work this out without a lawsuit.  Your local Dispute Resolution Center may help for a nominal fee.... Read More

Unfortunately, when you're dealing with real estate, unless the property was in a Trust or set to pass through operation of title, you are stuck going through probate.  It's a common misconception, but Wills do NOT avoid probate.  Even better, probate is county by county.  So for real estate, you need to open up a separate probate in each county where the property is located.  There may be a simplified probate process available depending on the surrounding facts and status of the estate.  I recommend working with an attorney in the area since every county probate court has their own rules and procedures.  Best of luck.... Read More

Executors are routinely advised to lock things up to preserve the estate even before the court appoints them. Your cousin could only have opened the safety deposit box if she was a named signatory/co-owner and had a key.  That your mother was the other signatory/co-owner does not give her heirs or beneficiaries any right to view or inventory the contents of the safe deposit box. The executor's attorney has no duty to speak to any beneficiary.  ... Read More

If grandfather had a will, the distribution of his estate is governed by ther terms of the will.  If he died more than 4 years ago, his will, if any, is no longer eligible to be probated per Texas law.  That would mean that his estate is subject to intestate distribution.  If his wife is still alive, generally she would get everything.  If not, all his children whether born of a marriage or otherwise are the heirs.  If I understand your facts correctly, one of his children died after grandfather did.  IF that is the case, then the deceased child's children take their parent's share. Here's a link to intestate distribution in Texas.   https://www.dallasestateattorney.com/wp-content/uploads/2010/05/Legal-Effect-of-not-having-a-will-in-texas.pdf... Read More