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once a will is probated how to get access to the estate.and

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

once a will is probated how to get access to the estate.and do you have to sue to get that access

 

Optional Information:
State/Country relating to question: Texas

Already Tried:
i have tried contacting.

Submitted: 315 days and 10 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED
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Expert:  JD 1992 replied315 days and 10 hours ago.

What do you mean "get access to the estate"? Also, what has happened so far?

Customer replied315 days and 10 hours ago.

i had my mothers will probated.she left me her half of the entire estate.my dad remarried 2 months after we buried my mother moved his new wife in the house and gave her all my mothers belongings.the new wife refuses to let me in to the house to claim and get my half of the estate

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Expert:  JD 1992 replied315 days and 10 hours ago.

Has the probate been completed, with a final order signed?

Customer replied315 days and 10 hours ago.

i have to do a final inventory count on the estate and give back to the judge but cannot get access to do so


 

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Expert:  JD 1992 replied315 days and 10 hours ago.

File a Motion for Turnover Order in the probate suit and have her served with it, along with a hearing date. The court can then order her to give you the items.


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Customer replied315 days and 9 hours ago.

do i need an attorney to do the turnover order.and the new wife is trying to say that the entire estate was left to her.


 

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Expert:  JD 1992 replied315 days and 9 hours ago.

Technically you could do the turnover order yourself but your chances of doing it correctly are pretty low because there are no forms and it has to be drafted from scratch. You definitely should hire a lawyer to help with this. The probate court has authority over all estate assets regardless of what the new wife says.


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.

Customer replied315 days and 9 hours ago.

i had an attorney to tell me i would have to sue her to get my mothers part of the estate and even then i would have to prove that what was in the house was my mothwers is this true

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Expert:  JD 1992 replied315 days and 9 hours ago.

Yes, but technically that is what you are doing when you file the Application for Turnover, it is a lawsuit against her. In Texas a probate court has jurisdiction over anything that is alleged to be a part of the estate.

You would have to prove what was your mother's but your testimony alone can do that.


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.

Customer replied315 days and 9 hours ago.

i was told that if i take her to court that it would be my word against hers.and that a jury would have a hard time making a determation on this matter.is this true.

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Expert:  JD 1992 replied315 days and 9 hours ago.

Not really. First of all it isn't automatically a jury trial, and second juries are pretty good at figuring this stuff out. In addition, the judge is going to order that you be allowed to make an inventory and then you can question her on where she got stuff, etc.


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.

Customer replied315 days and 9 hours ago.

the judge has order me to do so.but at the time my dad would not let me in the house to do it.the judge ordered me and my dad to medeation.which we did and nothing got resolved.my dad ended up cursing at me.and the meadators.ended it.now my dad has passed away and i still can not get my moms estate.


 

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Expert:  JD 1992 replied315 days and 9 hours ago.

The problem now is that she isn't a party to the suit so the judge can't order her to do anything. The turnover order will take care of that.


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.

Customer replied315 days and 9 hours ago.

even though my dad left her everything


 

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Expert:  JD 1992 replied315 days and 9 hours ago.

Yes. Your dad couldn't leave her what he didn't own and you won't know what he owned until your mother's estate is completed.


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.

Customer replied315 days and 9 hours ago.

ok thank you so very much for helping me.you have been very kind.


 

Accepted Answer

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Expert:  JD 1992 replied315 days and 9 hours ago.

Bets wishes to you.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 98.6 %
Accepts: 1617
Answered: 7/5/2012

Experience: Estate Law Expert

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