Question concerning Will

[woode]

What is the name of your state? Texas

I had my Mothers will probated. Since I am the heir and the other siblings or not mentioned in the Will, I have a question concerning a paragraph:

Since no letters testamentary or of administration of said Estate have been issued or been applied for and no necessity exists for an administration of said Estate, it is further ORDERED that upon payment of the costs of Court and any taxes imposed by virtue of Decedent's death, this Estate be dropped from the Docket.

What does this mean? I have property I need to sell.

Thanks,

 

[Dandy Don]

Are you also the executor/administrator or is someone else performing that function?

What is the value of the property? Are there no other assets in the estate?

 

[woode]

Yes I am the executor/administrator. It is a house and I have no idea the value ?

 

[I AM ALWAYS LIABLE]

Yes I am the executor/administrator. It is a house and I have no idea the value ?

My response:

Obviously, you're doing this yourself. That was your first mistake. Second, as the executor of the Will, you need to obtain a valuation of the home and property - - which you have a duty to do, and have failed to do. Third, once that's done, then you need to apply for Letters Testamentary (court orders) that allow you to deal with the property; e.g., the authority to sell it.

But, what's most troubling is that you have other siblings who weren't mentioned in the Will. That means those siblings are "Pretermitted" heirs, fully entitled to an equal share of what has been Willed to you. You can't just "cut them out" and the court will not issue the Letters allowing you to cut them out. The Letters will recognize them as heirs, forcing you to split the Estate evenly. If you try to leave them out by not telling the court about them, and they later find out, you could be sued for fraud, and also be charged by the court with Perjury. Not a good thing to happen.

IAAL

 

[woode]

Attorney's mistake - AGAIN

No I did not draw up the Will. Mother paid not once but twice a attorney to make it correct. Which you are telling he didn't.

 

[woode]

i didn't mention that I am also the heir

My Mother left her Estate to my Step Father(who is deceased), then to me, and if I were deceased then to my daughter. I think you could pick any document to pieces but this should be legal to deal with whatever needs to be done.