QUESTION
my uncle is the executor of my parent will he claims he lent them 50,K over the last 20 years I have no seen proof, can he take money from the estate?
Asked on Jul 09th, 2018 on Wills and Probate - Texas
More details to this question:
my father passed naming my uncle the executor of the will, he also has power of attorney of there finical accounts. My uncle claimed he has lent them over 50 K over the past 20 years I have seen no record of this, nor did either of my parents mention it to any of my siblings. Being the executor can he withhold or deduct the amount he claimed he's owed? wouldn't he need proof? I have read Texas he is only entitled to 5% plus expenses? he wants to skip probate due to cost.
1 ANSWER
2 Awards
Yes, evidence is required. Texas law also requires that the Will be submitted to the county probate clerk within 30 days following the death. You might consider reminding your uncle. If he does not do that, you can hire a probate lawyer to file a Motion for an Order to Show Cause. The Order to Show Cause would require your uncle to come into court to show that he has good cause for flaunting the law.
With a properly drafted, self-proved Will, Texas probate typically runs $2,300-$2,800, varying with the county filing fees. Compared to costs in other states, that is cheap. Compared to losing $50,000 for which there is no documentation, that is very cheap.
Answered on Jul 10th, 2018 at 5:19 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.