The need for dads 30-year old probate records.

[SheilaRR]

Jurisdiction

Texas

I'm going to divide my previous message up. Why do I need his probate records? When my dad passed away in June 1994. There were 3 heirs, my sister, brother and me. My brother was the Executor.

I had to return to work in Tyler, TX. My brother and sister pressured me into signing a document, a quit claim which this was before Google, so I took my brother's word for it, that sister and brother were going to sign their portion over to our mother and she would pay us back. Brother, who passed 1/1/23, had cleared our dad's estate which included a 2 bedroom, 2 bath condo in Houston. He claimed that only $30k came from that? I lost the house I was buying due to their perfidy.

I didn't figure it out until my brother died Sister and mother haven't talked to me in years as they've been avoiding me. Our mother wasn't in dad's will so brother and sister, well I don't know for sure that they gave my 1/3 of dad's estate to our mother but their actions speak for them.

So now brother's estate is in Probate. I contacted Harris County Probate Court and the first page is for me to claim part of dad's estate that was taken. However, the page that lists the contents of the estate says 'See Exhibit A' up and down the left and right sides. I've tried to get an answer from the CoC with no luck. Are Exhibits kept elsewhere?

Mother and sister (named secondary Executor) are still alive, so I'm hoping to get my inheritance restored to me via my brother's wacky will (wacky because he wrote in additional heirs in pencil without notarizing it).

Lots of bad blood between them and me since I was the one screwed over and they said nothing. I've moved several times since then after losing my house, so life moved on and of course they didn't talk to me for fear I'd ask about the payback and they didn't want to chance triggering the memory. I was never given a copy of dad's will, so ordered one.

Anyone know where I can find the Exhibit A that $70 worth of copies didn't include anything but mention the elusive Exhibit A?

 

[welkin]

You are about 26 years too late to contest any part of your father's will probate.

My brother and sister pressured me into signing a document, a quit claim which this was before Google, so I took my brother's word for it, that sister and brother were going to sign their portion over to our mother and she would pay us back.

If such a deed was recorded, then you should be able to find it in the registrar's office in the county. The fact is that you did sign the deed so, what your brother or sister did is no longer relevant in trying to recover what you signed away.

If you want to contest your brother's will, you will need see a probate lawyer ASAP.

 

[zddoodah]

I contacted Harris County Probate Court and the first page is for me to claim part of dad's estate that was taken. However, the page that lists the contents of the estate says 'See Exhibit A' up and down the left and right sides. I've tried to get an answer from the CoC with no luck. Are Exhibits kept elsewhere?

No one here will know anything about the record keeping practices of this court. You'll have to inquire with the clerk.

I don't entirely understand what you think you're going to accomplish. Your brother left you whatever he left you (if anything), and that's no problem. However, you told us that, 30 years ago, you "sign[ed] a document, a quit claim . . . [based on your] brother's word for it, that sister and brother were going to sign their portion over to our mother and she would pay us back." I'm not entirely sure what that means, but your brother could not make any sort of representation like that for your mother. Nor could you have reasonably relied on that. Even if that weren't the case, your beef would be with your mother, not your brother. As for any malfeasance your brother may have committed in connection with the administration of your father's estate three decades ago, the time to seek redress is LONG past.

 

[SheilaRR]

No one here will know anything about the record keeping practices of this court. You'll have to inquire with the clerk.

I don't entirely understand what you think you're going to accomplish. Your brother left you whatever he left you (if anything), and that's no problem. However, you told us that, 30 years ago, you "sign[ed] a document, a quit claim . . . [based on your] brother's word for it, that sister and brother were going to sign their portion over to our mother and she would pay us back." I'm not entirely sure what that means, but your brother could not make any sort of representation like that for your mother. Nor could you have reasonably relied on that. Even if that weren't the case, your beef would be with your mother, not your brother. As for any malfeasance your brother may have committed in connection with the administration of your father's estate three decades ago, the time to seek redress is LONG past.

I figured out what or where Exhiibit A was
The clerk tried to scan and send it. It wasn't scalable as it was from 1994. So she copied it and mailed it to me. That paper was signed under duress and I was kept in the dark. The condo was sold before probate. According to my brother it sold for $30k. My sister and him said they were giving our mother their share and the pressured me into giving mine. When I hesitated he said :you don't trust her to give it back?" I was under pressure to return to Tyler and work because I had exhausted my leave and brother kept after me and wouldn't let me leave. I live in Ohio they are in Texas. And if I'd known sooner than 29 years. Yes I would have done something.. It took my brother dying for me to remember their treachery.

 

[SheilaRR]

I would believe that if there is a spouse or children left behind, a death certificate would be included in Probate, mainly regarding a spouse left behind? I can guess which one his mother used.

I ask this because when I received his death certificate. his mother had provided the information. She had told the crematorium that he was divorced and not remarried. We were mid-divorce but hadn't been to court yet, so he was NOT divorced. I set the record straight and requested a corrected copy
I seriously doubt his mother got a corrected copy as from the looks of it in the Probate records proof of death wasn't needed. I found myself listed on the paper listing next of kin. She had it probated this past March. I wasn't informed. He was totally dependant on his mother for his drug money utilities, property taxes, fast food and junk food diet. Then his brother cleans out the house. the car (the only thing in his name) disappears, I might have gotten the furniture and stuff I'd had from when I was 17, back.

His mother owes a few people in the CoC's office and I've sent a request for a copy of our marriage certificate as thankfully I already have the original but I've never had any luck in getting a certified copy before. I try to like new ppl on first meeting. but she hated me on first sight. That sucked. And it was downhill from there.

 

[SheilaRR]

No one here will know anything about the record keeping practices of this court. You'll have to inquire with the clerk.

I don't entirely understand what you think you're going to accomplish. Your brother left you whatever he left you (if anything), and that's no problem. However, you told us that, 30 years ago, you "sign[ed] a document, a quit claim . . . [based on your] brother's word for it, that sister and brother were going to sign their portion over to our mother and she would pay us back." I'm not entirely sure what that means, but your brother could not make any sort of representation like that for your mother. Nor could you have reasonably relied on that. Even if that weren't the case, your beef would be with your mother, not your brother. As for any malfeasance your brother may have committed in connection with the administration of your father's estate three decades ago, the time to seek redress is LONG past.

I apologize for my lengthy posts. I have PTSD and tend to gush even on my best days in real life. One of my quirks. Thank you for your reply.

 

[adjusterjack]

When is proof of death not needed in probate?

As far as I know a death certificate is always required by the probate court.

Is that really the question you wanted to ask?