A golfing buddy left three friends $10,000 each. They are waiting for the executor to distribute the funds.

Q: My very good golfing buddy passed away in October 2022. His will left me and three other golfing friends $10,000 each. The person who is serving as executor received our friend's car and home. She has already sold the home and pocketed the cash, but we are still waiting for our checks. Why can the executor receive her distribution while we wait for so long?

A: If I had to guess, I would say the delay is because the estate may not have much more than $40,000 to pay all of the legal and accounting fees and other expenses. The executor who received the home and car simply had to sign those things over to herself.

The cash is likely being retained until the very end to make sure there's enough money to pay all the bills, file tax returns, pay taxes, etc.

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Hopefully, the estate will have enough cash left over to make the four $10,000 gifts. If it doesn't, you and the three others may need to seek legal advice in order to get what you are due. Whether other assets of the estate could be used to make the cash gifts depends on how the will was written, what other assets the estate contained and other factors.

If you want to speed things along, you and the other three golfers could hire an attorney to write a letter to the executor and her attorney asking why it is taking so long. You can also petition the court. But clearly, you do not want to cause further delays, nor do you want to cause the estate to incur extra legal fees that might eat into the money available to fund your bequests. You also need to decide whether you want to spend your own money on legal fees just to collect money you have the right to receive.

Q: My mother wants to file a transfer on death deed. I called the Harris County Clerk’s Office and was told they don’t have the form and that the form would need to be filed by an attorney or title company. I did find a form online at several for-profit websites, but I have no way of knowing if these are correct. Is it necessary to hire an attorney, or can I prepare and file this form myself? Is there an “official” Texas site where I can obtain the current form?

A: You can prepare and file the form without an attorney or title company, and you can obtain a form at texaslawhelp.org.

Note though, the form on that website is not an official state form. That's because there presently is no official state form. The form on that website is based upon a former official state form that was discontinued several years ago because of a change in the law.

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A new official state form should be available in the next few months. The Texas Supreme Court has been tasked with creating the form. It is my understanding that a new form is under review and will hopefully be available later this year.

The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to: stateyourcase@lipmanpc.com.