TX TX - Alan White, 55, seen leaving LA Fitness, found deceased, Dallas, 22 Oct 2020 #4

[Knox]

Any legal experts who could chime in on this subject?

 

[NeverPersonal]

Any legal experts who could chime in on this subject?

Trying to remember the username of our veteran lawyer...

 

[1MTIrish]

Trying to remember the username of our veteran lawyer...

I think it is gitana1.

 

[shefner]

Google says three to six months to probate a will in Texas so I might be wrong about how long it took to handle my parents estates. Google also indicates that if it is a complicated situation it might take up to a year or longer. So, Alan's will should, in theory at least be settled by now - after two + years. Another strange thing in the case???

Yes, @1MTIrish, I believe you are right. Perhaps we could tag @gitana1 to ask about the probate situation.

 

[Spiritecho]

I did work for two attorneys for 6 years, so it could be 1. Rustys' attorney has not followed up with the next part of the probate or 2. Rusty is still settling the estate or 3. They are not moving forward at this time due to the circumstances.
The docs possibly needed are an accounting, the Courts can accept another affidavit in lieu of for that. Then there should be a Closing statement/Final statement, I can't recall the correct name of the doc.
We do know Rusty did/needed to sell the family home. He did sell the condo July of 2022, it has as himself and exec for Alan and bought another property as his own. I don't see the sell/transfer of the other home but I'm pretty sure he sold it.
MOO

 

[NeverPersonal]

@Kristin Esq. might be able to help out too

 

[Laughing]

Trying to remember the username of our veteran lawyer...

also @PrairieWind

 

[Knox]

Maybe @Shamrock1, I think this poster has legal experience also. I also PC'd G to see if she will respond.

 

[Knox]

I did work for two attorneys for 6 years, so it could be 1. Rustys' attorney has not followed up with the next part of the probate or 2. Rusty is still settling the estate or 3. They are not moving forward at this time due to the circumstances.
The docs possibly needed are an accounting, the Courts can accept another affidavit in lieu of for that. Then there should be a Closing statement/Final statement, I can't recall the correct name of the doc.
We do know Rusty did/needed to sell the family home. He did sell the condo July of 2022, it has as himself and exec for Alan and bought another property as his own. I don't see the sell/transfer of the other home but I'm pretty sure he sold it.
MOO

Thank you for your reply and expertise, much appreciated.

I see the TX condo sale also. Unclear on this? Loading Results...
ETA- condo in MA still owned.

 

[gitana1]

Yes, @1MTIrish, I believe you are right. Perhaps we could tag @gitana1 to ask about the probate situation.

I hate probate and don’t do any now. But it can certainly take a while. There’s so much paperwork and all these steps. At least in CA. The gal across the hall from me is a probate attorney. I will ask her. But a year is definitely normal here from what I’ve seen.

 

[TruthIsStranger]

Google says three to six months to probate a will in Texas so I might be wrong about how long it took to handle my parents estates. Google also indicates that if it is a complicated situation it might take up to a year or longer. So, Alan's will should, in theory at least be settled by now - after two + years. Another strange thing in the case???

VERY unusual it's still open. I'm doing probate now and two years for a guy with no kids... Crazy. I wonder if someone or some entity like an insurance company is holding things up or contesting the will.

 

[tess_monaghan]

I’m not a lawyer. But wanted to comment (my first comment!) since my dad died at 56 without a will. That resulted in it taking much longer. There were multiple properties involved. And the estate didn’t close until after the final taxes were filed as well. He died a few months before Alan did, but the estate only closed recently. I’m not able to see the info when I click through on the link about his estate. Does it say that Alan had a will? It’s possible he didn’t and maybe it’s a similar situation in terms of taking a longer time because of that? Also, I’m not sure 2+ years is correct—shouldn’t the count begin from when he was found (or declared dead)?

 

[shefner]

I’m not a lawyer. But wanted to comment (my first comment!) since my dad died at 56 without a will. That resulted in it taking much longer. There were multiple properties involved. And the estate didn’t close until after the final taxes were filed as well. He died a few months before Alan did, but the estate only closed recently. I’m not able to see the info when I click through on the link about his estate. Does it say that Alan had a will? It’s possible he didn’t and maybe it’s a similar situation in terms of taking a longer time because of that? Also, I’m not sure 2+ years is correct—shouldn’t the count begin from when he was found (or declared dead)?

Welcome to Websleuths, @tess_monaghan! Great first post!

 

[Knox]

I’m not a lawyer. But wanted to comment (my first comment!) since my dad died at 56 without a will. That resulted in it taking much longer. There were multiple properties involved. And the estate didn’t close until after the final taxes were filed as well. He died a few months before Alan did, but the estate only closed recently. I’m not able to see the info when I click through on the link about his estate. Does it say that Alan had a will? It’s possible he didn’t and maybe it’s a similar situation in terms of taking a longer time because of that? Also, I’m not sure 2+ years is correct—shouldn’t the count begin from when he was found (or declared dead)?

Welcome! Alan had a will.

 

[IDK]

I am not implying anything by this question—just asking since many of you are so knowledgeable. In general, if a will is contested, would there be a public record of that?

 

[Berlin Dave]

I am not implying anything by this question—just asking since many of you are so knowledgeable. In general, if a will is contested, would there be a public record of that?

Great question!

 

[Kristin Esq.]

@Kristin Esq. might be able to help out too

I haven't been following this, is there a quick summary for what you're asking?

 

[Kristin Esq.]

I’m not a lawyer. But wanted to comment (my first comment!) since my dad died at 56 without a will. That resulted in it taking much longer. There were multiple properties involved. And the estate didn’t close until after the final taxes were filed as well. He died a few months before Alan did, but the estate only closed recently. I’m not able to see the info when I click through on the link about his estate. Does it say that Alan had a will? It’s possible he didn’t and maybe it’s a similar situation in terms of taking a longer time because of that? Also, I’m not sure 2+ years is correct—shouldn’t the count begin from when he was found (or declared dead)?

I don't know anything about this case, or what has been discussed and is being asked. My grandfather died in 2010 and it took 8+ years for the estate to be settled. It really depends on how things are set up.

 

[Shamrock1]

I have minimal knowledge of anything estate, and zero knowledge of Texas. My barely-educated guess is that the time period is fairly reasonable for what I’m assuming is a more complex estate. Covid wouldn’t have sped up the process either.

Counting starts from the date the estate was opened, not the date of death/date of disappearance/date death was discovered.

Insurance and assets held jointly are some examples of non-probated property (ie those assets pass directly to beneficiary/surviving owner without going through probate process).

 

[legalmomma]

I’m not sure how long it takes to probate an Estate in Texas but James Alan White’s (I has forgotten his first name was James) estate is still open.

DALLAS COUNTY, TEXAS COURTS PORTAL

courtsportal.dallascounty.org

I haven't been following this, is there a quick summary for what you're asking?

@Kristin Esq. and all…I posted the link to Alan’s estate filing which shows the estate is still open. His will and other documents are viewable at the link. I and others are curious why it would still be open. I’m wondering out loud now if it’s because there is still an investigation into his death? Does possible homicide play a part? The death affidavit filed states he died. It doesn’t mention cause. Curious…