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I was just corresponding with Barrister, an Estate Lawyer. I…

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I was just corresponding with...
I was just corresponding with Barrister, an Estate Lawyer. I have another question. I am the Executrix of my father's estate. My step mother who has Alzheimer's and lives in a memory care unit will receive my father's home. I have not transferred the deed yet because I am waiting to see if my father must pay federal taxes. My step brother's attorney is demanding I turn over the house now. I received the Letter of Testamentary on 11/14/2017 and was told I have 45 days to file the inventory to the court which will be 01/13/2017. Am I required to turn over the deed to the home now? I live in Texas. Thank you.
Submitted: 7 months ago.Category: Estate Law
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Answered in 8 minutes by:
12/22/2017
Estate Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,037
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello again,

.

No, you only distribute assets once all the debts of the estate are paid... that includes creditor claims, outstanding bills, funeral expenses, Executrix fees, any taxes that are due, etc.

.

So no one gets anything at all until all those obligations are paid.. You get paid your fee for settling the estate before any beneficiary gets paid too... Beneficiaries are the last ones to get paid from the estate.

.

Here is the rationale... Let's say that there is a house in the estate and $20K and that is it... You spend the $20K paying bills and debts and your fee, leaving only the house left.. But then someone comes in and sues the estate and wins a judgment for $50K... You then have to sell the house to pay the judgment. If you had transferred it to the beneficiary, you are stuck on the hook either paying the judgment yourself personally, or trying to get the house back into the estate by getting the probate court judge to order the beneficiary to return it.

.

So to avoid this, you don't give any beneficiary anything at all until you are positive that everything else has been paid..

.

.

thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 7 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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Customer reply replied 7 months ago
Hello Barrister, I didn't receive a response to the question I had asked. Thank you.
Estate Lawyer: Barrister, Attorney replied 7 months ago

Did you post an additional question other than the one about whether you had to turn over the deed?

.

I don't see any follow ups...

.

This is what I posted back on Dec 21:

.

Am I required to turn over the deed to the home now? I live in Texas. Thank you.

.

Hello again,

.

No, you only distribute assets once all the debts of the estate are paid... that includes creditor claims, outstanding bills, funeral expenses, Executrix fees, any taxes that are due, etc.

.

So no one gets anything at all until all those obligations are paid.. You get paid your fee for settling the estate before any beneficiary gets paid too... Beneficiaries are the last ones to get paid from the estate.

.

Here is the rationale... Let's say that there is a house in the estate and $20K and that is it... You spend the $20K paying bills and debts and your fee, leaving only the house left.. But then someone comes in and sues the estate and wins a judgment for $50K... You then have to sell the house to pay the judgment. If you had transferred it to the beneficiary, you are stuck on the hook either paying the judgment yourself personally, or trying to get the house back into the estate by getting the probate court judge to order the beneficiary to return it.

.

So to avoid this, you don't give any beneficiary anything at all until you are positive that everything else has been paid..

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Estate Lawyer: Barrister, Attorney replied 7 months ago

Just checking in to see if you were able to view my answer?

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