Legal Question in Wills and Trusts in Texas
Probated will fulfillment afidavit, but will not fulfilled. Help
My dad passed in 1996. Before his death he told me that he had a will stating that he was leaving his personal property to all of his children upon his death. My dad's will was probated in August 2001. The will stated that his personal property was to be divided among his 4 children from 2 marriages. I am one of the 3 cildren from the 1st marriage. He was married at the time of his death, with a child from that marriage. Application for Probate of will states that he owned pesonal property of value. There was an Affidavit of Fulfillment signed by the adult offspring of his 2nd marriage which stated that all terms of the will had been fulfilled. A month later, property owned by my dad was sold. Three of the children did not recieve any portion of the proceeds from the sale. I feel that some fraud has been commited and I would like to know what I can do to find out and if there is any legal recourse. I have confronted the other party about what was done but he denies that we were named in the will and denies that there was any personal property of value. He does not know that I have a copy of the probated will and relating documents. Statute of limitations may be near. Please help.
1 Answer from Attorneys
Re: Probated will fulfillment afidavit, but will not fulfilled. Help
You'll need to take action in the county where the will was probated. Understand that personal property is property that can be moved around, as distinct from real property which is immovable real estate.
The estate had an inventory filed with the court, and that's a matter of public record. The executor of the estate may be called on to make an accounting, and show proper fulfillment.
We've handled similar matters in Harris and Montgomery counties.
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