Legal Question in Wills and Trusts in Texas
Dear Attorneys,
I have asked you questions in the past & received very good answers. This question is in the same court as my past questions; however, I have more recent information than previously. Here's the question: My brother who lives in TX has taken/conived all of the monies my father left to be divided 4 equal ways (also left his belongings to be distributed the same way). The money he left was in an account that he assured me was safe & was taken care of to be equally shared. I'm not so sure what my brother did, but he covered his tracks (he was named executor along with my other brother). The money my father left was from the sale of his home which sold (public record) for $196,500 (probably less a realtor fee of 6-10%). My brother (the honest one) stated that he was well aware of what my crooked brother did & he will do everything he can to make the distribution of funds as our father wanted (his intent). I have a copy of my father's will (my crooked brother stated that "No will or Trust Exists". He has lied to me & my other brother every since our father went into hospice. I have spoken with 3 attorneys in TX & am still confused. I may be incorrect, but get the idea that I need an attorney in order to file my father's will in probate. Is that correct? Your advise is greatly appreciated & looked forward to. Please advise.
Most Respectfully, Sharon (please keep my name confidential, as my crooked brother could find out what I'm trying to do & sabatoge it as well).
2 Answers from Attorneys
Probate judges in the Dallas area require that an attorney be used to represent the parties. Contact an attorney in the county of your dad's residence to obtain your advice. Best of luck.
Get an attorney now. If the house was sold and you haven't seen any of the funds, then they're likely being depleted. Once they're gone, you're going to be without a remedy.
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