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Judge opens estate of Herbert Betts as intestate, appoints wife Marguerite Betts as personal representative

July 09, 2025 | Lenawee County Probate & Juvenile Court, Texas Courts, Judicial, Texas


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Judge opens estate of Herbert Betts as intestate, appoints wife Marguerite Betts as personal representative
A Lenawee County judge on the record opened the estate of Herbert Betts as intestate and appointed his wife, Marguerite Betts, as personal representative, declining to appoint a friend of the family who had been proposed and saying no bond would be required at this time.

The court said the copy of a will submitted in the case showed edits, lacked dates and witness verification and contained only a "/s/" signature line; because the document did not reliably establish a valid testamentary instrument the judge found an intestate estate and applied the applicable intestacy priority to appoint a personal representative.

Family members and counsel contested the submitted will and the proposed administrator during the hearing. Brian Betts, who identified himself as a son of the decedent, said he believed the house being referenced in filings belonged to him and that the proposed appointment of Susan Rogers — described on the record as a friend of the decedent’s wife — should not be allowed without protections to ensure his stepmother receives what she is due. "The house that I have … I purchased on my own in 2005 and then paid for it," Betts said during the hearing.

Attorney Robert Gross, who appeared for the petitioner, acknowledged the submitted will was the best document the petitioner currently had and said the petitioner alternatively asked the court to appoint the decedent’s spouse, or, if the court preferred, to appoint the proposed representative with a bond. The judge said family members who have priority under the statute should have the first opportunity to serve and noted Marguerite Betts would otherwise have priority to serve as personal representative. The judge therefore denied appointment of Susan Rogers and appointed Marguerite Betts.

The judge also said she would not require a bond at the time of the appointment but left the matter open for the parties to return if a bond later proved necessary. The court directed counsel to adjust the order and letters of authority, and said the corrected documents would be issued so asset administration could begin. The judge advised the son to consult independent legal counsel if he had further questions and invited parties to bring any title or administration disputes back to the court for resolution.

The court recorded the decedent’s date of death from the death certificate presented in the file as April 1, 2025, and made venue findings for Lenawee County.

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