The case of Nipp v. Broumley shows how in certain circumstances a joint account is included and administered in the probate estate even after the other person on the account has cashed and claimed the accounts as their own.

Mrs. Opal Broumley purchased three CDs in the 1980s. She titled the CDs as “Mrs. H.O. Broumley or Terry Broumley.” She renewed the CDs throughout the years and unfortunately passed away from inoperable cancer in 2003. Eight days before Opal Broumley died, Terry cashed the CDs and claimed the funds as his own rather than part of the probate estate.

Connie Nipp noticed the absence of the CDs on the Probate Inventory and had her Houston Probate Attorney begin a lawsuit to declare the CDs (valued at $76,000) were part of Opal Bourmley’s probate estate.

In examining the issues the Court was careful to point out the difference between a right of withdrawal and the right of ownership. Both of the parties on the title to the CD had a right to withdraw the funds; however, ownership of a joint account is based on the contribution of each party to the account unless there is clear and convincing evidence of a different intent.

In this particular case the CDs were funded entirely by the deceased and there was not sufficient evidence to overcome the presumption that the deceased intended to retain ownership. The Court ruled the CDs were part of the probate estate and Terry Broumley must restore the funds to the estate.

This is one example of a common mistake people make that can cause problems and complications. Speak with a Harris County Probate Attorney today if you need assistance with a probate matter in Harris County.

2009-TX-0403.664

(a) The name of each person indebted to the estate and his address if known.
(b) The nature of such debt, whether by note, bill, bond, or other written obligation, or by account or verbal contract.
(c) The date of such indebtedness, and the date when the same was or will be due.
(d) The amount of each claim, the rate of interest thereon, and time for which the same bears interest.
(e) In the case of decedent’s estate, which of such claims are separate property and which are of the community.
(f) What portion of the claims, if any, is held in common with others, giving the names and the relationships, if any, of other part owners, and the interest of the estate therein.

The Harris County Probate Court may refuse to accept a proposed Inventory if you forget to attach the List of Claims or if the documents are not properly prepared. A Houston Probate Attorney can help you fulfill your obligations and get through the Houston Probate process quickly.

The person making the application can be the Executor named in the will. If you are not the Executor named in the will, then you must be an “interested party” with respect to the estate in order to make a proper application for probate administration with the Harris County Probate Court.

In addition to meeting the personal criteria, the estate itself must be within the jurisdiction of the Harris County Probate Court. In the great majority of cases, this criteria is met by reason of the deceased residing in Harris County at the time of death.

Any person who meets these criteria is permitted by Section 76 to apply to the Harris County Probate Court for any one of the following orders:

1. An order admitting the will to probate;
2. An order for the appointment of the Executor named in the will; or
3. An order for the appointment of an Administrator, if no executor is designated in the will, or if the person so named is disqualified, or refuses to serve, or is dead, or resigns, or if there is no will.

A Houston Probate Lawyer can represent you through the Harris County Probate process to complete the administration as quickly as possible.

Many people forget, but there are in fact 2 versions of the Inventory that your Houston probate attorney will prepare. There is the probate Inventory which is limited to probate property, and then there is the taxable Inventory which covers all assets the deceased had an interest in which may be taxed by the government.

Here, we are going to limit our discussion to the Harris County Probate Inventory. Texas law requires that the Executor or Administrator file the completed Probate Inventory with the Harris County Probate Court within 90 days of his appointment. In some cases, the Harris County Probate Court can extend the deadline for filing the Inventory or it can shorten the deadline.

What goes on the Probate Inventory?

Texas Law requires only 2 types of property on the Probate Inventory, but one category is extremely broad.

The first category is all real property of the estate situated in the State of Texas.

The second category is all personal property of the estate wherever situated. This is a very broad category.

What information goes on the Probate Inventory files with the Harris County Probate Court?

The Executor or Administrator must put the following details on the Probate Inventory:

1. a description of each piece of property, real or personal;
2. the fair market value of each piece of property as of the date of death;
3. what portion of the property is separate property and the portion that is community property;
4. in the case of property owned with others, the interest owned by the estate as well as the names and relationships of the other co-owners.

Everything the Harris County Probate Court does concerning estate property is based on the Probate Inventory. If the Probate Inventory is wrong, then you may find yourself going through a longer and costlier process to go back and fix the mistake. Your Houston probate lawyer will prepare the Inventory for the estate and get you through the process as quickly as possible.