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JusticeforJoe

False Will &lies

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My Uncle (Joe) recently passed of Cancer (Nov.5,2015), he was a retired Veteran living in Seguin,TX.

 My Mother (his sister,Zelda), was his only living relative, and lives near Houston,TX.

My step cousin (no blood relationship) has been making false claims and taking his property since his passing. This includes his truck and several guns. She has admitted to doing so to the funeral director, and he told her she cannot do this. She has made false claims that my uncle had a son, and also that a will just turned up naming her father(Dean) as benificiary.

 

The acting Administrator was reccomended to us by the Funeral Director, and rarely returns calls or keeps us up to date...he wont even say if he will take the case as Probate Attorney.

 My mother has limited income and no savings and is losing much sleep over this. She simply wants to grieve for her brother. I feel that her health is at risk, and I cannot help financially as I have disabling health problems.

 I am wondering what to do about this Administrator and also if it is in anybodys best interest to file some kind of charges against my step cousin for making this situation worse...she just wants a piece of the small pie my uncle left behind.

Please forgive my spelling, and Thank You for any response.

 

 

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The administrator acts on behalf of the estate and answers to the court. We can't know whether you're being a pest. After all, it's been little more than a month since the man passed.

To be sure, administrator is free to report issues to police if step-cousin refuses to cough up property taken, or begin a return or personal property action against her. This assumes a stern leter t her demanding that she return his stuff doesn't work. If she has a will nominating her as executor and naming X person as heir, she'll need to file it in probate case.

I'd have mother write to administrator (who I gather is an attorney) and say that she expects him to reveal whether he intends to act in both capacities as admin and probate attorney, and to confirm he doesn't expect to double dip in terms of compensation ... whether he intends to charge flat fee if acting as probate counsel. Yiu don't say why mother wasn't applicant for administrator role.

You can contact court about what is occurring in case. If the acting admin is also probate cou sel, the more you expect in terms of answers, the higher the attorney bill will be if he chqrges by hour or fraction thereof.

It's entirely unclear whether you're making bad assumptions as to any pie after estate debt and expenses. Can't know from here.

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My Uncle (Joe) recently passed of Cancer (Nov.5,2015), he was a retired Veteran living in Seguin,TX.

 My Mother (his sister,Zelda), was his only living relative

 

She is?  Aren't you also a living relative?  Or are you posting from the "great beyond"?

 

 

 

My step cousin (no blood relationship) has been making false claims and taking his property since his passing.

 

First of all, what is your "step cousin's" connection to your uncle?  Second, what sorts of "false claims" has she made (anything beyond what you mentioned in the next sentence?) and to whom has she made them?  Third, how has she gained access to your uncle's property in order to take it?

 

 

 

She has made false claims that my uncle had a son, and also that a will just turned up naming her father(Dean) as benificiary.

 

And exactly how do you know the claims that your uncle had a son and a will are false?  Have you had a DNA test conducted regarding the alleged son?  Is "Dean" the supposed son?  If not, what is Dean's relationship to your uncle?

 

 

 

The acting Administrator was reccomended to us by the Funeral Director, and rarely returns calls or keeps us up to date...he wont even say if he will take the case as Probate Attorney.

 

I don't really understand what this means.  First you refer to this person as the "acting [a]dministrator," but then you state that he may or may not "take the case as [p]robate [a]ttorney."  If the probate court has appointed this person as "acting administrator," then I can't imagine he would represent anyone (other than himself) in connection with the probate proceeding (note that an administrator who also happens to be an attorney isn't entitled to payment in both capacities -- no matter how frequently anyone contacts him, etc.).  In any event, there is no reason why he would keep you up to date about anything.  Unless your uncle had a will that named you as a beneficiary, you aren't entitled to anything from the estate.  As far as keeping your mother informed, it's unlikely that much of anything has happened given the very recent date of death.

 

 

 

My mother has limited income and no savings and is losing much sleep over this. She simply wants to grieve for her brother.

 

Absolutely nothing in your post prevents her from doing this.  And, if that's "simply [the only thing she] wants," then none of the other stuff in your post matters.  Right?  That you seem to be connecting her ability "to grieve for her brother" to her financial status and the other things mentioned suggests that she is concerned about more than simply grieving for her brother (but maybe that's just you).

 

 

 

I am wondering what to do about this Administrator

 

Your post doesn't indicate (or even hint) that the administrator has done or is doing anything inappropriate, so probably nothing.

 

 

 

also if it is in anybodys best interest to file some kind of charges against my step cousin for making this situation worse.

 

If the administrator of the estate believes your step cousin has wrongfully taken possession of estate property, it is his duty to pursue her to recover the property.  If you think she has committed a crime, you're free to report it to the police (only the district attorney can file charges).

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