Legal Question in Wills and Trusts in Texas

The extent and power an executor can exercise over those named in the will

A brother was designated executor of his late mother's will. She had numerous properties which she bequeathed to her son (executor) and her daughter. Each were given equal amounts roughly. He was instructed to set up a trust fund for his sister and himself. To date, this has not been done. He has notified all her tenants (sister's) and instructed them to send all rental monies to him. He has gone to her tenants and told them of problems she has experienced in the past (ie. drugs, rehab, etc.) He has gone, without invitation, to her tenants and harrassed them.Nothing in the will states he is responsible for management. She has asked his help for help with a couple of maintenance things and he has refused to help. He wants all the properties. He gave her a letter after her mother's death inidicating that her mothers wished for her daughter be drug tested. If a positive UA turned up her brother would be in charge of all her money, land, and everything else until she turned 51.

This letter was not signed by her mother, no witnessess, no date, no notary, and it is a xerox copy. Please answer the questions you can. Thank You

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Asked on 5/27/02, 8:21 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: The extent and power an executor can exercise over those named in the will

The executor's function is to gather the estate and distribute it according to the terms of the will. If the executor fails to do that, the devisee of the will can move to have the executor replaced, or ordered to complete their work.

If the will designated a trust to be set up, then that would be part of the administration. However, if that was simply an understanding between the decedent and the executor, and not written into the will, the executor cannot do that with the property that was to go to you.

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Answered on 5/28/02, 11:21 am


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