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Need to file discover and interogatories in a estate case.

Customer Question
Need to file discover...

Need to file discover and interogatories in a estate case.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Texas

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

Fraudulent accounting by the executor, police records removing my sister (from my mom's ) while pressurising her to have her change the POA from me to my brother.

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

The executor, now my brother , took over without his attorney sending the judges decision or a hearing to me or my attorney. Transfer of the moneys from the executor account owned by me were found out only when I started bouncing checks

Submitted: 3 months ago.Category: Legal
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Customer reply replied 3 months ago
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Customer reply replied 3 months ago
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Answered in 8 minutes by:
3/27/2018
Lawyer: Ray, Lawyer replied 3 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,197
Experience: 30 years in civil, probate, real estate, elder law
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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.

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Lawyer: Ray, Lawyer replied 3 months ago

Sample requests for production

http://freedom-school.com/9842/defendant-request-for-production-to-plaintiff.pdf

You will have to modify them.

Interrogatories

http://documents.jdsupra.com/24542258-da50-4417-b8d1-be0e0450ac5c.pdf

These will give you sample forms.You send these directly to executor and don't file with court unless they don't respond and then its a motion to compel here.

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 3 months ago
These cases are not specific enough to reap much from them. can we talk which is an option given?
Lawyer: Ray, Lawyer replied 3 months ago

Ask any followup you have.Sorry there are premade interrogatories and document requests but you can see the format, change your questions or ask for documents you need.You may have to consider a lawyer here and if you uncover wrongdoing you need to sue the executor personally.

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Customer reply replied 3 months ago
This has been moved to the district court and this is about a "final accounting, but there is so much more to this do I have to open another case to sue, or can I file complaints with the court in this venue.
Lawyer: Ray, Lawyer replied 3 months ago

If it was moved to District Court it will be heard there, not much you can do about that.

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Customer reply replied 3 months ago
It was moved to district court at my request. If there is a contested matter in county, then it is an automatic that it be move to district. This is a small town deal and my brothers attorney is a good ole boy and I am sure has the county judge in his pocket. I should have a good hearing at district. So I want to assert misuse use of estate funds to bring a guardianship hearing just 3 months before my mother died. A waste of 60K for absolutely purpose but to consolidate power/control in my brothers hands. The force signing of the POA to my brother I believe was a necessary requirement for brother to bring the guardianship petition. and with the faulty accounting, they were betting on the fact I wouldn't fight it.
Lawyer: Ray, Lawyer replied 3 months ago

So you may be better off in District Court.File your discovery here see what you find out .Thanks

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Customer reply replied 3 months ago
The hearing is in District Court in Deaf Smith County on April 30th. I need to get answers to some questions but do they have to be in the form of interrogatories. Are responses allowed out 30 days from filing? I also need document production. Can I file a request for documents with service in 10 days or so? But Can I ask questions other than an interrogatory, a deposition, or a direct inquiry in Court? Also. what is the process to subpoena material from my previous lawyer, if she will not provide otherwise.
Lawyer: Ray, Lawyer replied 3 months ago

You would send them now if you don't get them back in time file motion for continuance of the trial.You cal also subpoena the records to court here .Send them a subpoena duces tecum.You get that from court clerk and pay for service to have to severed.

Sample your district clerk will have these for your court.

https://www.lawyerratingz.com/contact.jsp

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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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