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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42184
Experience:  Texas lawyer for 30 years in Estate law
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My Uncle passed in March of 2015, leaving me as successor

Customer Question

My Uncle passed in March of 2015, leaving me as successor trustee and P.O.A. for my grandmother, (his mother).
My father was executor to his estate and filed papers with the court in April listing my grandmother as an interested person in his will and a receipt of a certified copy stating they notified my grandmother, however they sent the papers to my deceased Uncles address ( he was previously handling her affairs), knowing that my grandmother is incapacitated and in a nursing home and that upon my Uncles death, I legally became the one in charge of her affairs. They have my address, phone number, email, etc,... but have never informed me of this, of what it is about. Is this something I should be looking into??
Also, my grandmother passed away Jan 2 2016, and I have just noticed my father has filed a paper today concerning my uncles estate listed as "ADVANCE NOTICE ISSUED FOR FIRST ACCOUNT". Is this something I should be concerned about? Is it possible that he has waited to close my Uncles estate until after my grandmothers death on purpose?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you .

You should consider your own lawyer to represent your interests and that of grandmother.There appears to be some shenanigans and your grandmother and you need to protect her interests and yours.It does not appear they are including her, it may be they have misspent the funds, or hidden them away or another breaches of fiduciary duties.Your own lawyer can investigate this and see whether a suit is warranted and seek court ordered accounting of the entire estate.Only then will you be able to see what has gone on, what assets are left , what are missing, etc.

Otherwise these guys are ahead of the curve and seem to be proceeding without grandmother or you in the loop.Lawyer would be money well spent because this appears to be problematic and they aren't being straight with you in all of this.You can still affect a change of direction through your lawyer here.

I appreciate the chance to help you today.I wish you the best.Let me know if you have more follow up.

Also the executor here can be removed for such breaches of fiduciary duties and failure to communicate.

Thanks again.

Customer: replied 1 year ago.
Thank you for your help. Does the six month time frame to contest not apply in this area? Also, are you able to see my question I asked yesterday that was answered by someone else? Id like your opinion on that as well, if possible.
Expert:  RayAnswers replied 1 year ago.

The six month frame would be to contest the will itself.If this person violated their duties there is personal liability for that and removal is possible by the court, no time limits on that here since probate is still open.

Expert:  RayAnswers replied 1 year ago.

If you are referring to the ashes issue concur here with prior answer they go to who she designated to receive them.

Customer: replied 1 year ago.
How long is Probate open? Is it a specific time frame? Im just trying to figure out how long I have?And, yes, I was referring to the ashes question, it is not specifically stated about the ashes, just that trustee is to :" arrange for my funeral or other memorial service and for burial or cremation of my remains, including the purchase of a burial plot or other place for interment of my remains or ashes"And that all of her property shall be distributed by me as listed in the trust. I wasn't sure if ashes were considered "property". Also my grandfather was cremated about 17 years ago and my grandmother had his ashes until the P.O.A was put into affect for her and my uncle took over her care and held on to her belongings. When my uncle passed my father took my grandfathers ashes, shouldn't they have been with me considering they were my grandmothers, for lack of a better word, "property"?
Expert:  RayAnswers replied 1 year ago.

Probate typically remains open a year to 18 months.If there is real estate or other items to sell it can be longer depending on how hard to sell.

You would need a court order from probate judge on the ashes otherwise trustee has possession under this language.I have seen judges split the ashes as a means to resolve it.