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.