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I am the sole inheritor of my sister's estate. My sister was…

I am the sole...

I am the sole inheritor of my sister's estate. My sister was a ward of the county at the time of her demise. The appointed attorney has submitted closing papers to the court. The papers are confusing to me, I have hired a forensic account accountant to make sense of them to me. A date has not been set to close. Will I need an attorney at the closing?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas, Dallas County.

Lawyer's Assistant: What steps have you taken so far?

We have cleared the probate process. I am anxious because the attorney assured me that the close would only take a week. Thus far it has been seven months.

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

There are some trust issues.

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Answered in 30 minutes by:
3/20/2018
legalgems
legalgems, Lawyer
Category: Legal
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My sympathies for your loss.

Texas requires that the will be submitted for probate within 4 years of death; other than that there is no set time frame by which probate must be completed, though the minimum time frame is 30 days, and the average probate takes 6-8 months if there are no complications.

Here is the guide on the probate process:

http://www.tyla.org/tyla/assets/File/38668TexasProbatePassportWebReady.pdf

The personal representative will file a closing notice/report pursuant to codes 405.005, 006 and pursuant to .007 they have 30 days to object: please see:

http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.405.htm

So some people will hire an attorney to review the will/accounts to ensure the numbers add up and that the distributions were pursuant to the law.

The personal representative is a fiduciary so if they act contrary to the best interests of the estate, the heirs may sue for breach.

legalgems
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Category: Legal
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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