James Brian Thomas’s Answers

James Brian Thomas

Dallas Probate Attorney.

Contributor Level 14
  1. My brother was removed as dependant administrator. Can I, as an heir be appointed independant administrator?

    Answered almost 3 years ago.

    1. James Brian Thomas
    2. Nicholas Abaza
    2 lawyer answers

    From your facts, unfortunately, it is unlikely you'll find a short or easy solution. Independent administration of an intestate estate in Texas can only be achieved when each of the heirs consents and agrees. This assumes that an heirship determination (the actual judicial proceeding) has taken place, which you don't indicate in your inquiry. Based upon the history of the estate involving your brother, you've probably got a pretty good feeling that he (or perhaps others) will not go along...

    3 lawyers agreed with this answer

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  2. Who should pay the maintenance fee for a co-op apartment during the probate process?

    Answered over 2 years ago.

    1. Michael Andrew Markowitz
    2. James Brian Thomas
    3. Jeffrey Bruce Gold
    4. Sharon Melissa Siegel
    4 lawyer answers

    Stick around for a response from any of the several experienced New York probate attorneys, but I believe that you're going to find that the answer is largely universal regardless of the jurisdiction. Until such time as the Estate no longer owns the property, the Estate is liable for the expenses of administration, including the upkeep and preservation of Estate assets. When the property is actually transferred to a beneficiary, the beneficiary accepts that property subject to indebtedness...

    5 lawyers agreed with this answer

  3. Why in the state of Il. when 2 people own a home equally left to them by their parents ,as stated in the trust,one can live

    Answered over 2 years ago.

    1. James Brian Thomas
    2. Bruce E. Burdick
    3. Paul A. Smolinski
    3 lawyer answers

    Your answer lies within the terms of the Trust itself, and you should seriously consider taking the Trust document and your concerns to an attorney. The Trust's terms might be written in any of a variety of ways, and the terms should evidence the intent of the person(s) that made the Trust to begin with. Does the Trust document include any provision about occupancy? Is this live-in arrangement the product of the Trust's terms or simply a product of one beneficiary taking advantage of...

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  4. Can my father's estate be probated as intestate if my stepmother will not probate his will?

    Answered 8 months ago.

    1. Ellen Daniel Williamson
    2. James Brian Thomas
    3. Michael S. Haber
    3 lawyer answers

    You could allege that your father died intestate, but the result may not be the same as what you believe your father left you under his Will. A demand for the production of the Will might get the ball rolling, and can even be enforced by the Court if needed. Even a copy of the Will, which I presume this attorney that you know probably has, could be produced to get things moving at this point. One thing that I would keep in mind is the fact that not all property passes under a person's Will....

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  5. Have valid copy of Mom's will but can't find her Indiana lawyer that holds the signed original will.

    Answered almost 3 years ago.

    1. James Brian Thomas
    2. Michael S. Haber
    2 lawyer answers

    You've got the makings of a Will Contest, if your mother's other children have anything to say about it and the desire to engage in probate litigation. There's nothing that prevents you from offering what you believe to be the actual Last Will and Testament of your mother. That said, erring on the side of caution in your case might include depositing (but not filing for admission to probate) the later-dated document. In any event, if you're going to hide something, (and I wouldn't...

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  6. Why is a Numident not used in probate proceedings in Texas as proof of heir ship?

    Answered about 3 years ago.

    1. James Brian Thomas
    2. Nicholas Abaza
    3. Eliz C A Johnson
    3 lawyer answers

    I could understand how the Numident system and the application for a Social Security would be helpful in a court's determination of a person's heirs, but neither are a substitute for that judicial determination of heirship. Nor, for that matter, is the RCC or any oil company in any position to accept anything less than what the Texas Probate Code requires in matters of heirship. If an illegitimate child seeks a determination of his or her status as the lawful heir of a decedent, that child'...

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  7. My Daughter has a settlement in Florida that she can get when she is 18 We live in Texas

    Answered about 3 years ago.

    1. James Brian Thomas
    2. Eliz C A Johnson
    2 lawyer answers

    A minor might receive funds for any of a variety of reasons, and it isn't all too clear why your daughter is entitled to funds in this case. The "settlement" could be from an injury claim or some sort of inheritance. With a court case number in hand, you can do some investigation yourself. The Clerk will copy and mail to you any part of the file you'd like to have, so long as their fees are paid. If her father has been appointed as her guardian, most states require annual accountings of...

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  8. How or where would you find info on whats been recorded or filed on an estate? i searched public records and could not find any.

    Answered 3 months ago.

    1. James Brian Thomas
    2. Raymond Ellis Daniel
    3. Michael Ross Miller
    4. Kendall Shane Cockrell
    5. Maria Sara Lowry
    5 lawyer answers

    Chalk this one up to being careful about what you sign. In many circumstances, it would be common for you and your brother to sign waivers like this, and it is very likely that there is nothing out of place about it. But, when you waive notice, you don't get notice. Your sister's lawyer does not represent you. Should you care enough to have an attorney look out for your own interests, I would take the time to locate and hire one. If you're simply interested in seeing what has happened,...

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  9. County court took guardianship of all fathers assets. Trying to sell his assets. Has 3 living children (heirs)

    Answered 3 months ago.

    1. Kendall Shane Cockrell
    2. James Brian Thomas
    3. Maria Sara Lowry
    3 lawyer answers

    Guardianships are not created on a whim. If the Court appointed someone to manage your father's personal care or financial affairs, it did so because the Court received facts that made that appointment necessary. If done correctly, and assuming that the guardianship is permanent, you also received notice of the proceeding and were given an opportunity to participate, but you don't explain why you did not. I don't meant to doubt you without the benefit of all of the facts, but I don't buy...

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  10. Can you recommend a probate attorney in the Dallas area that will work on contingency?

    Answered 8 months ago.

    1. David M. Pyke
    2. James Brian Thomas
    3. Steven John Clausen
    3 lawyer answers

    Mr. Pyke is absolutely right. Depending on the facts of the case, many excellent lawyers might work with you. But you don't really give any facts to evaluate. Contingency work involves a risk (sometimes high) that we may not be paid for our work. Anybody interested in taking that risk is going to want to know more before they commit to potentially working for free.

    3 lawyers agreed with this answer