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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42851
Experience:  30 years in civil, probate, real estate, elder law
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I'm looking for a probate lawyer familiar with Texas probate

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I'm looking for a probate lawyer familiar with Texas probate law
JA: What documents or supporting evidence do you have?
Customer: Register of actions re my fathers estate.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Father had no will. Uncle applied for admin of rstate 48 hours after my father died. I never recieved notification of fathers passing . Allot of real estate was left to my father

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

You may want to check with county clerk where father passed here and order all documents.There will be an order appointing administrator and inventory and other filings.I suggest you write the judge and give them you address and ask that you be included in all future filings.

Once you have the documents you are able to see who estate lawyer is and you can contact them and again ask to be noticed of all filings.You are also able to have your own lawyer if you need to seek to remove the administrator called a personal representative.

You are also able to write the judge and ask for a hearing if you want to be heard on these issues once you are up to speed.

I appreciate the chance to help you please let me know if you have more followup.

Thanks for rating 5 stars at top of page.

Customer: replied 1 month ago.
This happened in 1997 - no attorney in file. According Texas Probate law - outstanding debtors and children are first in line. In order for my Uncle to have been appointed administrator - he would have had to have sworn to the court that no survivors exhisted. Fraud
Customer: replied 1 month ago.
I also reside in California so my resources are limited

Well see what documents there are.It is not fraud here if no one else applied to be administrator.You are correct others are ahead of him but they have to apply here, court will not appoint them if the do not make application ahead of uncle and be appointed.

Who Gets What in Texas?

Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:

If you die with:here’s what happens:

  • children but no spouse, parents, or siblings
  • children inherit everything
  • spouse but no children, parents, or siblings
  • spouse inherits everything
  • parents but no children, spouse, or siblings
  • parents inherit everything
  • siblings but no children, spouse, or parents
  • siblings inherit everything
  • a spouse and children who are also the children of your spouse
  • spouse inherits all of your community property, plus 1/3 of your separate personal property and the right to use your real estate for life
  • children inherit everything else
  • a spouse and children who are not the children of your spouse
  • spouse inherits 1/3 of your separate personal property and the right to use your real estate for life
  • children inherit everything else, including your 1/2 interest in the community property
  • a spouse and parents
  • spouse inherits all of your community property, all of your separate personal property, and 1/2 of your separate real estate
  • parents inherit everything else
  • a spouse and siblings, but no parents
  • spouse inherits all of your community property, all of your separate personal property, and 1/2 of your separate real estate
  • siblings inherit everything else

Are you claiming you got nothing from the estate?

Customer: replied 1 month ago.
No notification of death - Nothing. My uncle even posted obituary in Tyler County Booster - Paul Wayne Stevenson - "he is survived by his brother and sister in law Don and Gail Stevenson - nephew Garret and Niece Paige and great nephew Gavin Stevenson.I spoke to Don Stevenson by phone 12 months prior. He knew I resided in Dallas - he was also aware of His Niece Samantha Stevenson
Customer: replied 1 month ago.
Prior to my fathers passing - my grandfather Pete had vast real estate holdings willed evenly between my father and uncle

Call the county clerk here

Tyler County Clerk  

5.01 Google review

County government office in Woodville, Texas

Address: 116 S Charlton St, Woodville, TX 75979

Hours:

Open today · 8AM–4:30PM

Phone:(###) ###-####/p>

You can see who the legal heirs were, what assets, where it went.And then go from there.Its all public record here.

Thanks again.

Customer: replied 1 month ago.
His probate matter was in Nueces County
Customer: replied 1 month ago.
What is the statute of limitations RE: purgery and fraud with regards ***** ***** in Texas? Does it begin with date of action or actual discovery?

Here you go thank for your patience

Sands, Kara

County Clerk

  • (361)(###) ###-####/li>

7 years statute of limitations for fraud.

Code Section

Texas Code of Criminal Procedure Art. 12.01, et seq.

Felonies (Section 12.01)

Time limits for felonies include the following:

  • None: Murder, manslaughter, certain sexual assaults (including sexual abuse of a child), hit and run resulting in death, and certain human trafficking offenses;
  • Ten years: Thefts involving fiduciaries or officials, forgery, injury to an elderly or disabled person, arson, and compelling prostitution;
  • Seven years: Misapplication of fiduciary property or property of a financial institution, money laundering, certain tax crimes, fraud, identity theft, and bigamy.
  • Five years: Other theft, burglary, and robbery offenses, insurance fraud, and abandoning or endangering a child.
  • Three years: All other felonies not specifically referenced in the code section.

Thanks.

Customer: replied 1 month ago.
Are these statutes based upon date of crime committed? Or DATE OF DISCOVERY?

You could argue from date of discovery for fraud here.

Customer: replied 1 month ago.
If the criminal statute of limitations has expired - could the matter still be pursued in civil courts?

Yes assuming you can use t he discovery rule to extend time here as well.

http://statelaws.findlaw.com/texas-law/texas-civil-statute-of-limitations-laws.html

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