I am still fairly new here and I don't know how to copy a quote from one Thread to the next. So I have copied and posted this. This is from Thread 1, page 96, post 1437. It is made by Batman's Mommy. She is a paralegal and makes some interesting observations. As you can see, she refers to IMHO's post. But, her response is directed to Pmerle00, our VI. This was done after Pmerle00 explained what BC had done regarding the Letter of Testamentary.
In my opinion, the most powerful comment made is this:
"I'm sorry, but there is something very wrong here, in my opinion. My prayer is that LE has something else in the works in the background, but this does not look good for the Estate of a "Missing" not confirmed "Deceased" person to be opened. The Last Will and Testament CANNOT take effect until the person is deceased. That is why it is a will........
If this were the case, do you know how many people would fake their deaths to get life insurance money, etc... "
So, why do BC and the Sheriff think Mr. Chambers is deceased? And what proof was exhibited of this death in order to obtain a death certificate?
Just my opinion.
Originally Posted by inmyhumbleopinion ![](/forums/proxy.php?image=http%3A%2F%2Fwww.websleuths.com%2Fforums%2Fimages%2Fbuttons%2Fviewpost-right.png&hash=aa4e5824234dbbf75660e3b286e3327d)
From the June 16th edition of "The Quinlan-Tawakoni News" (page 10 in the "Public Notices" section):
"NOTICE TO CREDITORS
Notice is hereby given that original
Letters of Administration for the Estate of
Michael Glenn Chambers, Deceased, were
issued on June 7, 2017, in Cause No. 18188,
pending in the County Court-at-Law No. 2
of Hunt County, Texas, to: Rebecca Lynn
Chambers, Executrix.
Claims may be presented in care of the attorney
of the Estate addressed as follows:
Rebecca Lynn Chambers
o/o Joe Weis
Attorney at Law
P.O. Box 765
Greenville, Texas 75403
All persons having claims against this
Estate which is currently being administered
are required to present them within the time
and in the manner prescribed by law.
DATED the 7th day of June, 2017.
PEMBERTON, GREEN, NEWCOMB &
WEIS
By: Joe Weis
Attorney for the Estate
State Bar No.: 21102600"
http://archives.etypeservices.com/Qu...zine172982.pdf
First and foremost, Pmerle00, thank you so much for your diligence with fielding all the questions. I am so sorry for all of the sadness and distress that your family is going through. My heart goes out to you.
Now, I must comment on inmyhumbleopinions post....... I am a paralegal. I have several attorneys with several different practices, but one of those practices is Probate, which is what this notice is part of. I am in a different state, but most of these rules are the same.
In order to "open" an estate, there is a Petition to Open the Estate filed along with Letters Testamentary (someone who dies without a will is considered to have passed intestate). In this case, there is obviously a will because BC is listed as the Executrix. If there were no will, she would have been appointed as an Administratrix. The Last Will and Testament is entered as its own document. In order for a Will to be entered and probated, there has to be a death certificate verifying that there is a Decedent that is attached as an Exhibit to the Petition to Open the Estate.
I'm sorry, but there is something very wrong here, in my opinion. My prayer is that LE has something else in the works in the background, but this does not look good for the Estate of a "Missing" not confirmed "Deceased" person to be opened. The Last Will and Testament CANNOT take effect until the person is deceased. That is why it is a will........
If this were the case, do you know how many people would fake their deaths to get life insurance money, etc...
I hope I am wrong, but something does not sit well with me about this. I'm not an attorney, but I sincerely hope that other family members have also sought counsel. I may be wrong, but I do believe a concerned family member can file something with the court to dispute this with grounds. I do not know Texas law, and I hope maybe a Texas attorney can weigh in.
Pmerle00, I wish you the best of luck with finding your PaPaw.
This is all JMO, too. I cannot give legal advice. I am only telling what my experience with Wills and Estates has been.
Much love-
BM