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Need help in right direction for probate on car wreck settlement
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Good ole state of Texas. To sum up an aggravating story: My father was hospitalized from a stroke while in the middle of a case that the defense was willing to settle. Had to get a probate lawyer to be able to make decision on case. Well my father passed; so of course had to file a non-suit without prejudice. And now my probate lawyer is Mia.(will deal with her in near future). However; my father’s attorney and the defense attorney agreed to file an affidavit of heirship specifically for the case. so that the case can close and me and my sister can receive the sum after signing final statements. (According to conversation with my father’s attorney via email) this conversation lasted from April till June. Then shortly after the lawyer left the law firm so no contact with him since. So from June to august; we were conversing/with his old assistant and proceeded with the FULL AND FINAL RELEASE AND INDEMNITY AGREEMENT. She informed me then that as soon as the law firm receive the funds and the judge closes the case; her next call would be for us to pick up the checks. At that time me and my sis filed a small estate affidavit for any other assets. Well we found out that the Assistant also left the day after our conversation. we had another assistant with a new lawyer stating that the case has been transferred(although the car wreck case already closed), they received the funds, but we need to probate. I asked why since I was told the procedure that was agreed upon by both parties to bypass probate court(via email conversation). Only reply I got-and keep getting- is “well they told me that they informed you that you needed to probate for the funds” and claiming that our small estate affidavit is still pending. Once it closes, they can release the checks.. However; the assets from the car wreck settlement is not listed on the affidavit and told no reason to add.. called for probate lawyers and so far 1 replied back stating that the law firm can not hold the funds. How can I proceed further from here?

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1 year ago