Legal Question in Wills and Trusts in Texas

Contract

Should an agreement signed by all parties match the agreement that is filed in probate court?

I got a phone call from my Step Dad's Attorney letting me know that the Judge did not approve the probate.

My Step Dad's Attorney is wanting my brother and I to sign another waiver.

This sent a big red flag my way and I went to the court house and got a copy of the probate papers that were submitted. The papers submitted does not math the papers that were signed in the Attorney's office.

The figures do not match. And the items that I was to get are not listed in the probate papers that were filed.

The reason for the Judge not accepting the application is she said it ''Moved To Quickly.'' That there could me more possible heirs.

One of the items I have already received.

The other item I am not to get until my Step Dad's passing with an executed will. I have since learned that my Step Dad has no intention of doing a will.

His Attorney told me that I would not be able to get the other item unless he does a will.

I feel that I was took advantage of.

Do I have grounds for getting this agreement thrown out since there are so many differences in the contracts?

My Mom Passed Away ''Intestate.''


Asked on 10/05/03, 9:09 am

2 Answers from Attorneys
Rush Wells Ratliff & Wells

Re: Contract

You should locate a local lawyer who handles probate matters regularly and see him or her IMMEDIATELY.

I do not have a clue what you signed or what has been filed.

With a person dying intestate there SHOULD be only 2 alternatives:

1. A fully court supervised (and bonded) administration, or

2. An agreed independent administration.

You need to koow that what you actually signed is what will bind you -- notwithstanding the fact that you misunderstood it or failed to read it closely, unless you were consciously misled into signing.

GET YOURSELF A LOCAL LAWYER.

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Answered on 10/05/03, 11:05 am
Cheryl Rivera Smith The Smith Law Firm

Re: Contract

You need to contact an attorney immediately. Intestate succession entitles you to a share of your mother's estate. It may be possible to undo any damage done, but the sooner you act, the better. I will be glad furnish a free initial telephone consultation and then you can decide whether you want to hire a lawyer. 214-750-0606.

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Answered on 10/05/03, 5:43 pm


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