QUESTION

How long does a financial guardian have to get a will to probate court?

Asked on Jan 09th, 2013 on Wills and Probate - Texas
More details to this question:
My Dad passed away nearly three months ago and his financial guardian has not even set up an appointment with a probate lawyer so we can get things going. Do I have any legal rights as a heir or do I just wait?
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1 ANSWER

Kevin Spencer
Ms. Castleberry: I need to know more about what you mean when you say your dad's "financial guardian" - was he/she acting under a power of attorney or was he/she actually appointed as the Guardian of your Dad's Estate.  In any event, now that your dad is deceased there is no "financial guardian" any more.  All powers of attorney ceased to exist upon your father's death.  A guardianship, if one was in place, terminated as of your father's death and the Guardian of his Estate would only have authority to wrap-up the guardianship, file a final accounting and get the guardianship closed. Now, if your dad's "financial guardian" has possession of your father's will, and your father's Will has not been offered/filed for probate, then you, as an heir or interested person in your father's Estate, have the right to send written demand to your father's "financial guardian" to deliver the original will to you, so you can file it for probate.  If he/she refuses to turn the Will over to you after demand, you can file a motion to show cause against the "financial guardian" (or whomever has the original will) requiring him to appear in court and explain why he will not deliver the original to you; you can request that your attorneys' fees for being forced to file the motion.   There is no reason to wait and you do not have to wait.  You should hire your own attorney to do what you need to do to get possession of the Will and to file it for probate. I hope this answers your question(s). Sincerely, Kevin Spencer www.spencerlawpc.com 
Answered on Jan 20th, 2013 at 8:36 PM

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