Ok, so this Estate has been locked in Probate in excess of 3 1/2 years. In said time they have filed a single Annual Account. This was lacking in proof through and through. There are no invoices, bills, receipts etc to back up any of it.
The Inventory,...from said Estate was clearly missing approx. 75.- 80% of the actual assets on hand at the time of passing. I can say this because I personally lived with the deceased at this time. The almost 3000 sq ft house was full of antiques, this is what my parents enjoyed doing together...road trips & antiques. Previously we lived in 2 separate houses on a ranch, both of which were brought to this house, so it was kinda full. That said the Inventory filed shows a mere fraction of what was actually on hand at the time of passing. I mean some china sets, a grandfather clock, and just basically odds & ends only. I notified the Court numerous times of this. I also at a hearing notified the Judge in person that this was in no way a true reflection of the assets on hand. That was further proven by the Judge granting me 3 or 4 items I recalled in that moment, off of the top of my head. Ex. A Antique 2 tier with lower storage buffet w/a marble top ..not basic toss out stuff. He asked the Admin if they knew what I was speaking of, yes, can he have it, yes, done...next. All of the items the Judge granted me were not on any Inventory...anywhere. Jewelry, Tools, Antiques...on n on. At the end of this hearing he verbally told the Dep Admin Atty to fix this inventory and make it a correct reflection of the Estate to which he answered in the affirmative.
That never happened, I referenced this conv. later in a motion & the Attys response was that this was said in passing. Therefore more of perhaps a suggestion not a order. My thinking is that if a Judge tells you to do something in open Court, you need to do it. So, clearly the fact that all of these assets just evaporated into their pockets leaving me 50% of zero...I have reason to be concerned. Which leads me to this.
I believe that at the time of passing there were CD's, Stocks, another bank account, life insurance policies, and perhaps other things of this nature . Now I know that some things listed fall outside of probate, but does the Admin have a responsibility to report such & list it for other heirs to know about? Clearly in the Attys billing sheets he is asking for CD #'s and things of this nature, because that is how it is worded.
Now I know that this may seem strange, but I honestly put nothing past these people. Is it in any way possible to omit things of this nature, perhaps a extra bank account at another institution, some CD's etc then,down the road go back & procure them for ones self? I know as Admin they have the power to find things that would prove harder for me as a heir to find. Institutions will talk to them, me not so much. How can I go about finding things like this without paperwork saying I am an Admin? Is it even possible?
I know that I could have contested her appointment. But that was years ago, they had an Atty & were in Court for appointment literally a handful of days after her passing. I had no chance to contest it, unfortunately. It has proven to be a real nightmare. That again persist to this day.
Another question...I keep seeing the # 4 years to hold someone liable for stealing etc from an Estate. Is this from the day it starts, probate...or at its conclusion? Because that is soon if it is from the onset of this.
A few key points...
The Admin has made themselves completely inaccessible.
I have zero contact info for them, nothing on file.
The Atty who was representing her, no longer does so.
As stated this started back in Oct of '22
Bills & list of claims fully taken care of, paid out
There has been approx 325,000$ paid out for Partial Distributions, Atty Fees & the Admin has taken her share as well, this is in Texas. Idk how one can even do that if Probate is still open, & it is.
This month marks the 2nd Annual Acct that has not been filed.
As stated I know I got some room to have them removed, but already paid ? Doesn't make sense. There are all sorts of problems I am facing, & yes I understand I need an Atty. Unfortunately I do not have that kind of $, so I am taking this beast on myself. I kinda think they counted on that there & went full tilt bandit mode in this act.There are so many diff problems, I almost don't know where to start, but it's getting close so I gotta.
Any help, suggestions and basic guidance would be appreciated, thank you in advance!