knort4

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knort4 last won the day on February 1

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About knort4

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  1. What were you charged with that got you the 5 year deferred sentence? Investigate to see if perhaps you can do something to get your record expunged of this. I am not familiar with Texas law, but in many states employment is on an at-will basis and an employer can fire and employee at virtually any time for no reason at all. Did you sign any type of employment agreement or contract before you got this job?
  2. If there were virtually no assets left to be probated by the will because most of the assets were put into the trust, then there would be no reason for him to have the will probated. The will was probably written before the trust, and maybe your mother did not understand at the time that the will was written that a trust will override a will so that whatever the trust says is the way that the assets are going to be distributed. At the very least you are owed an accounting of how the trust was handled, so please get an attorney to assist you with getting the letter written to the trustee so that at least you can begin to get an understanding of what the trustee did and whether anything improper occurred or not.
  3. So sorry it appears you are having to deal with a less than honorable relative as a trustee. Visit the county courthouse probate court (or look at the county court probate records online) so that you can look at the probate file (and make copies of everything in it) so you can get a better understanding of how the estate was processed. Check and see if there was a will, if your name was listed in it as a beneficiary, and there will be documentation in the file about how the assets where handled--see if there is any mention of the home there and if ownership was transferred. If there is no probate file, then that means that a will was not processed in court and that nearly all of the assets perhaps were put in the trust. Since it appears that you can not afford the services of an attorney, all you can do right now is to take your probate paperwork with you as you begin interviewing in person with one or more trust attorneys until you find one sympathetic enough to help you. If you mention that a trust is involved, an attorney may be willing to evaluate your situation to determine what, if anything, should be done. You should ask an attorney to write a request and send it by certified mail to the trustee, asking for a copy of the trust AND asking for an accounting statement for each year the trust has existed. If you are named as a beneficiary in it, then the trustee is legally required to provide you with that information. If you are NOT named as a trust beneficiary, you are NOT entitled to a copy of the trust. Your attorney should also look at the trust to see whether or not a trustee's bond was required.
  4. If you do not have a copy of the will now, then wait a few weeks or a few months until it is filed at the county courthouse probate court, get a copy from the courthouse and then consult with a probate attorney who has experience in contesting wills to have the will evaluated from a legal standpoint. Is there any sentence in the will that gives a reason why she is disinheriting you? Was your mother basically of sound mind during her entire life or was there a decline in mental competency during the latter years of her life?
  5. The person you spoke with at the bank was wrong--an account with just your husband's name will not be paid out to you, even if you provide a death certificate. The bank will tell you it can only be claimed by the executor/administrator of his estate and then have to go through probate proceedings at the county courthouse.
  6. Person chosen by the decedent to serve as executor needs to decide if they want to perform the duties of executor or step aside and let the probate attorney do it.
  7. Sorry about your loss. Did the divorce decree with your ex-husband require that he provide a paid-up life insurance policy to benefit the children? What county did the death occur in? As far as you know, would your ex-husband have been in sound mind at the time of his death? At least have a consultation with a probate attorney to find out what your options are. Even though you don't know where the original will is, if your attorney thinks it's a good idea, you may want to place a classified ad in the local newspaper of the area where he lived to ask that anyone who may have information about his will (the attorney who prepared it, or any friends or neighbors of his who were asked to be witnesses) to come forward. Your attorney or someone should at least look at the will that second wife submitted to the Surrogate Court (to determine if it should have been contested) or look at how his estate was administered (if no will was submitted).
  8. You can tell the spouse who never divorced that she will not be entitled to anything because she has committed bigamy. Your brother needs to hire an attorney to help him straighten out the mess he has on his hands so that his legal right to own the property will be secure by executing the proper real estate documents.
  9. The state is apparently Alabama. Were you the executor of the estate?
  10. Hire your own probate attorney and he/she can open up probate at the courthouse.
  11. If your mother wanted to disinherit your brother, she should have made her wishes known to the attorney so that the attorney could have advised her to put a phrase in the will that specifically disinherited him and also give a specific reason as to why she was doing so, or to leave him $1.00 just so the point would be made.
  12. So, it appears that Chase did make a mistake--so it begs the question of did they know or did they NOT know she was his ex-wife at the time they made the payout.
  13. Since you already stated that this is NOT a POD account, all of the laws you cited only relate to POD accounts and are not applicable in this situation. Truly a fascinating case you have here. It can not be definitively decided on this message board because you have not been told specifically what type of account it was. Probate is not the only factor involved here, general business law on what happens with a bank account will also need to be looked at. Perhaps it would have been helpful if your attorney had cited in his letter to the bank, the specific reason or law that supported his contention that the money should not be distributed (or maybe he didn't want to reveal that). Any business law attorney should be able to help you if he/she can show you citations of specific cases where he/she has sued banks in the past. Whether she was entitled to receive the money will depend on what type of account it was and here are some options, but it might still work out in your favor: ------------- http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.113.htm ESTATES CODE TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' PROPERTY IN GENERAL CHAPTER 113. MULTIPLE-PARTY ACCOUNTS SUBCHAPTER A. GENERAL PROVISIONS Sec. 113.052. FORM. A financial institution may use the following form to establish the type of account selected by a party: UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION FORM NOTICE: The type of account you select may determine how property passes on your death. Your will may not control the disposition of funds held in some of the following accounts. You may choose to designate one or more convenience signers on an account, even if the account is not a convenience account. A designated convenience signer may make transactions on your behalf during your lifetime, but does not own the account during your lifetime. The designated convenience signer owns the account on your death only if the convenience signer is also designated as a P.O.D. payee or trust account beneficiary. Select one of the following accounts by placing your initials next to the account selected: ___ (1) SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (PAYABLE ON DEATH) DESIGNATION. The party to the account owns the account. On the death of the party, ownership of the account passes as a part of the party's estate under the party's will or by intestacy. Enter the name of the party: ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ___ (2) SINGLE-PARTY ACCOUNT WITH "P.O.D." (PAYABLE ON DEATH) DESIGNATION. The party to the account owns the account. On the death of the party, ownership of the account passes to the P.O.D. beneficiaries of the account. The account is not a part of the party's estate. Enter the name of the party: ________________________________________________________________ Enter the name or names of the P.O.D. beneficiaries: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ___ (3) MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP. The parties to the account own the account in proportion to the parties' net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of a party, the party's ownership of the account passes as a part of the party's estate under the party's will or by intestacy. Enter the names of the parties: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ___ (4) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP. The parties to the account own the account in proportion to the parties' net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of a party, the party's ownership of the account passes to the surviving parties. Enter the names of the parties: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ (6) CONVENIENCE ACCOUNT. The parties to the account own the account. One or more convenience signers to the account may make account transactions for a party. A convenience signer does not own the account. On the death of the last surviving party, ownership of the account passes as a part of the last surviving party's estate under the last surviving party's will or by intestacy. The financial institution may pay funds in the account to a convenience signer before the financial institution receives notice of the death of the last surviving party. The payment to a convenience signer does not affect the parties' ownership of the account. Enter the names of the parties: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s): ________________________________________________________________ ________________________________________________________________ ___ (7) TRUST ACCOUNT. The parties named as trustees to the account own the account in proportion to the parties' net contributions to the account. A trustee may withdraw funds from the account. A beneficiary may not withdraw funds from the account before all trustees are deceased. On the death of the last surviving trustee, the ownership of the account passes to the beneficiary. The trust account is not a part of a trustee's estate and does not pass under the trustee's will or by intestacy, unless the trustee survives all of the beneficiaries and all other trustees. Enter the name or names of the trustees: ________________________________________________________________ ________________________________________________________________ Enter the name or names of the beneficiaries: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ACKNOWLEDGMENT: I acknowledge that I have read each paragraph of this form and have received disclosure of the ownership rights to the accounts listed above. I have placed my initials next to the type of account I want. _______________________ Signature *************************************************************************************
  14. Were you able to read the court order that made the stipulation about withdrawing the money? At the time the order was done, did you discuss with the attorney what the procedures would be for requesting the money? Is this attorney merely holding the money in a trust account for future withdrawals or does he also have the right to charge or deduct a fee every time that a withdrawal is paid out? Do you still have an ongoing contractual relationship/fee agreement with him? You really need to look at the court order to see what it requires. You also need to find out exactly what type of account the money is being held in (is it a trust account controlled by the attorney or is it a Uniform Gift to Minors Account (which has other rules governing how it is distributed)? Before you find another attorney, you need to discuss your concerns with the present attorney. He may be sympathetic enough with your son's situation that he might be willing to forego his fee if you asked him not to. Or the rules may or may not allow him to charge a reasonable fee or no fee at all. Any business law attorney should be able to assist you with this if necessary.
  15. Has the stepmother's will been officially probated through the county court? And is her probate now finished? If your current attorney can not show you proof of the interpleader being filed and have him show it to you on county court records online, then you need to get another attorney.