Legal Question in Civil Litigation in California

Out of State suit for Probate Fees

I was independent executor of my brother's estate in Texas. I executed the estate and after several hearing, defeated a claim for $75K. I reside in California and flew back to Tx, 13 different times. After I distributed every thing to Sister-in-law, Niece and Nephew, all have refused to pay balance of statuory probate fees and Admin. cost. My brother first e-mailed me in Califorina and we discussed my being executor, I was in California when I agreed to be his executor and thus he so listed me in his Last Will and Test. Can I file suit for the balance owed in California, where I agreed to be the Executor or must I file in Texas???


Asked on 1/08/03, 3:46 am

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Out of State suit for Probate Fees

Normally the estate is not distributed before fees are paid and the court orders so, so I'm not sure what happened here. However, if the estate was in Texas and probated in Texas, you likely would have to file suit in Texas.

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Answered on 1/08/03, 5:53 pm
Terry A. Nelson Nelson & Lawless

Re: Out of State suit for Probate Fees

You were supposed to pay you before them, with court approval. Contact your Texas attorney.

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Answered on 1/08/03, 7:41 pm


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