James Brian Thomas’s Answers

When a person dies without leaving a valid Will, their estate passes under the intestacy statutes for the particular state that they resided in. It isn't clear whether you live in Missouri, or whether your aunt resided in Missouri. Maybe both. I've provided you with a link to Missouri's statute on descent and distribution, which spells out who is entitled to receive what share of your aunt's property based upon several family facts that you don't really get into. If you're concerned about...

Not sure why this is posted under the Wills subject area, but perhaps the father in this scenario is deceased. If you broke into anyone's home, whether that person is living or dead, and took these items, you've committed theft and likely a string of other offenses, both criminal and civil. It's illegal everywhere, and none of the outcomes are good. I'm also not sure if you're posting as a concerned bystander, an interested party or if you are actually the person that engaged in these acts....

Stories like this never cease to amaze me, and I'd feel bad for chuckling a bit at the idea of a lawsuit over a dog if I didn't think you'd laughed at how ridiculous that proposition sounds as well. Put yourself in the shoes of the judge that this end up in front of, and ask yourself how quickly you'd bury your face in your hands. My colleagues have hit the nail on the head by directing you to the terms of the Will. Based on the little information that you've provided, it sounds fairly...

Clauses that heavily persuade a beneficiary or other interested person from contesting a Will are fairly common throughout our various states. Different states approach them in different ways -- some being very strict while others interpret them much more liberally. What you've asked about, however, is a bit different than the usual "challenge and you lose everything" clause. You're talking about a punitive measure, a debt that is created by the enforcement of what may very well be a valid...

It's easy to assume that any lawyer that tells you that you need a lawyer is simply trying to keep his industry productive. Knowing that you'll take my thoughts with that grain of salt, doing it yourself is never a good idea. If you hear different advice, don't be so ready to assume that it's conflicting. Competent estate planning is a bit more involved than asking what you want and pulling the forms off of the shelf. Hearing different advice tells me that either you aren't repeating the...

I have to agree with the previous responses that you're making an awful lot of assumptions and guesses that may not ring true. This may be due in large part to you not having much information for yourself, which is perfectly understandable. Probably the best answer to your ultimate question is to suggest that you wait until your grandmother passes. I'm assuming that you've already been to the County Clerk and read your grandfather's Will that was admitted to probate. If you haven't done...

Adult Protective Services is who you report it to. In some of our larger counties, specific attorneys in the district attorney's office are assigned to crimes against the elderly, but even they work very closely with APS and get the agency involved as soon as is practical. But I have to agree with Mr. Fromm. Why be content to sit back and blow the whistle? If you make a report, APS will investigate it, but you may not be happy with the conclusion. If you report the incidents to law...

Do your best to document the attorney's communications to you. That would certainly help eliminate some of the "he said / she said" inherent in any situation like this. Unfortunately, if the attorney wants to be impolite, rude and/or unprofessional, you may not be able to do much to dissuade her. Your right, if any, is to make a formal complaint to the State Bar of Texas. After that, it's the Bar's business and has very little to do with you. As an aside, being aggressive is not...

Yes, you can collect what you are entitled to without signing a release. However, the reality is that no executor or administrator would willingly deliver property to you without receiving a release of some kind in exchange. That property is the carrot that executors and administrators dangle over a beneficiary's head to encourage them to sign the release. If you do not sign the release (and you shouldn't until an attorney sees it) the executor will likely just keep the estate open until...

Probably. Trustees and executors are not really the same position, and you may be confusing one with the other. Both of them, however, have some very clear rules that govern who they must account to and how that accounting must look. It doesn't sound like what you're receiving measures up, and your recourse may lie with the court. I realize that you aren't given very much space to post your question, but a better response from the attorneys here would simply require more facts. I see...