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Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

Who Pays the Expenses of Your Probate if You Are Not Dead?

calculator paper.You are alive. Someone files a probate action in court saying that you are dead. When you show up alive, some expenses of the probate action have already accrued and some of your money has been spent. Who is responsible? You are says an Illinois Appellate Court.

A man had no contact with his family and friends for more than seven years. His sister, his sole heir, filed a probate action asking that he be declared dead. The probate court ruled that the man was presumed dead. The main asset was a stock account worth about $500,000 that the man had apparently abandoned years before. During the probate, the man was located alive. The attorneys who were representing the sister in the estate asked the court to pay them out of the assets of the man who was not dead. The court did so and the court of appeals upheld that decision. The sister had also spent $100,000 of the funds and had no means to pay them back. The moral of this story is keep in touch with your relatives and friends are you may be charged for a probate action that you don’t need.  997 N.E.2d 913.

Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.

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We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.


Posted in Probate, Procedure
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