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My grandfathers will was probated in Texas. I was the

Customer Question
Hello, my grandfathers will...

Hello, my grandfathers will was probated in Texas. I was the executor of his will and my cousin and I were the beneficiaries. I had a lawyer in Texas and one in Arkansas. My cousin and I signed Quick Claim deeds giving my sister the property he had in Arkansas. Everything was filled and she has been living in the home since 2001. She is trying to sale the property as she can not take care of it anymore. The title company can not find where the will was probated in Arkansas or an executors deed was filed. I am being told now that the will that was probated in Texas must be probated in Arkansas. The lawyer that handled all of this passed away in 2012. I am being told she doesn’t own the property, that it is still in the estate. What do I need to do?

Lawyer's Assistant: What documents or supporting evidence do you have?

I had Texas send me all the certified copies of the probate. I have all of those, the quick deeds from myself and my cousin. I even have a receipt of the will running in an Arkansas paper. I feel like the courthouse has lost some papers. We had a tornado in November of 2001 after thanksgiving and most of my papers were destroyed. This is becoming a nightmare.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 5 months ago.Category: Estate Law
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Answered in 3 minutes by:
12/12/2017
Estate Lawyer: Barrister, Attorney replied 5 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,644
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Unfortunately, what you heard is correct. There should have been an "ancillary probate" case filed in Arkansas to settle his estate there regarding the property. There has to be a probate case filed in every state where someone owns real estate because each state controls its own real estate..

.

So you will have to file to reopen the case in TX, then have an Arkansas attorney file the ancillary probate to transfer the property from grandfather to you and cousin and then re-execute the quitclaim deeds to your sister..

.

.

thanks

Barrister

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Customer reply replied 5 months ago
I need to reopen the probate in Texas to do this?
Customer reply replied 5 months ago
Is this a lengthy and expensive process?
Estate Lawyer: Barrister, Attorney replied 5 months ago

Yes, because when the TX probate case was closed, the executor is relieved of any further authority... The courts are picky about this.. So the TX probate case has to be reopened so the executor can have their authority restored, then they can legally have an attorney in Arkansas open an ancillary probate there to handle the property there..

.

It isn't really lengthy, as it is more administrative....but it will likely take a month or so and a few thousand to get an attorney in Arkansas to handle the probate there..

.

.

thanks

Barrister

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Customer reply replied 5 months ago
Can I reopen the Texas probate case or do I need a Texas lawyer for this as well?
Estate Lawyer: Barrister, Attorney replied 5 months ago

You should be able to reopen it yourself since there is not really anything that needs to be probated there. You would need to draw up a "motion to re-open probate" and file it in the case to get the case back before a judge and set out the reason why.... there is real estate in Arkansas that were not disposed of during the initial probate.

.

It you aren't comfortable with drawing up your own motions, you could likely just pay a local probate attorney to just draft the motion for you as it is not that complex..

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Estate Lawyer: Barrister, Attorney replied 5 months ago
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Estate Lawyer: Barrister, Attorney replied 5 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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