Legal Question in Wills and Trusts in Texas

My grandmother's estate has been on-going in Dallas County, Texas, under an Independent Administration since 9/10/2008. The last entry in her docket was on 10/21/2008 and was an Order Approving Inventory and Appraisement.

The attorney on the case and the Independent Executrix have both stalled out the funding of final disbursements to the heirs, first citing that the Attorney's roof needed repair on his office. Upon this, I sought help with the State Bar of Texas and under their instruction, sent the attorney a demand letter by Certified Mail, stating that his roof problems were not related to this case and gave him (the State Bar-recommended) 7 to 10 business days to disburse the final proceeds.

I received a letter from the attorney today stating that now he must file a "Final Account and Application Requesting Closing of Independent Administration" before he can fund out anything. This is a month after, both he and the Independent Executrix told us that funds were ready to disburse. I did not expect to need to record a conversation, so I did not record those statements.

Are my siblings and I simply stuck at the mercy of these two, as they drag their feet for the reason of the attorney's roof repair?


Asked on 6/30/10, 10:14 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

No. You can hire an attorney to advocate on your behalf and get things moving.

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Answered on 7/03/10, 5:01 am


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