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New question (same facts).The law firm that my stepmother has hired, and who now says I owe the estate for medical expenses, unsecured debt, etc., is the same firm that handled the Small Estate Affidavit in 2002. Thus, I believe they were the Independent Administrators back in 2002. Questions:(1) When a Small Estate Affidavit is filed, does Texas law require Independent (or Dependent) Administration?(2) If an attorney served as an Independent Administrator of the estate, can he or she later (under Texas law) become a personal representative for one of the heirs to the estate?
Optional Information: State/Country relating to question: Texas
1) Neither. A small estate affidavit bypasses the administration system and is used in place of them.2) An attorney wouldn't be the administrator. They could represent the administrator but wouldn't be the actual administrator or at least it would be extremely unusual.You may want to hire a local lawyer to look over all the documents that were filed and try to figure out what happened.I don't think they can force you to pay part of the expenses at this point. In addition to all the other reasons it has also been too long.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
My attorney is actually on vacation until Saturday, so I'm going to have him look over the documents. In the meantime I wanted to utilize my subscription to justanswer dot com (and you've been fantastic).I just looked at the Small Estate Affidavit, and the attorney who filed the Affidavit signed as the "Attorney for Distributees." My stepmother and I both signed as distributees. So, if this law firm represented both me and my stepmother back in 2002, can they now serve as a representative for my stepmother in the same matter? Essentially what's going on here is my stepmother is trying to get me to reimburse her for expenses under the guise of "reimbursing the estate." Seems like this law firm has a conflict of interest...?
No, I think they are excluded at this point from representing her against you. That is clearly a conflict of interest.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Okay, last question on this issue. Our attorney back in 2002 no longer works for the firm, she now presides over Harris County Probate Court #4. But her father, whom she worked for back in 2002, is the managing partner of the law firm that now represents my stepmother against the rest of the distributees. Doesn't this still raise concerns about a conflict of interest...?
If it's the same firm it is still probably a conflict of interest. Lawyers usually bail as soon as you raise the issue because they don't want to have to worry about a grievance.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Estate Law Expert