Legal Question in Family Law in Texas
My Dad passed away Aug 30, 2008. My oldest brother is/was executor of Dad's estate. Daddy left EVERYTHING to my Mother and I have power of attorney for my Mother. My brother has not changed everything over into Mother's name, (I think it's a control issues and he thinks he SHOULD be in charge over everything that was Daddy's not realizing that much/most of it is joint and that there are reasons why Mother gave me the Medical Power of Attorney and Power of Attorney) Stock issues are now arising since he did not change the joint stock info Mother's Social Security and Mother's Name. There are also bank shares that are not joint that are still in Dad's Name. The house was jointly owned, but he has not changed over into Mother's name.
What do I do - He clearly is not abiding by his role as executor since the WILL states that everything is left to Mother.
We are a family that has always gotten along, but he still thinks that he should be able to do WHATEVER, but I have Power of Attorney over Mother's affairs.
2 Answers from Attorneys
Based on what you have written, you should consider filing an action to protest the executor's handling of the estate. You may want to seek the assistance of a law firm in pursuing this course of action. If my law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for a consultation.
It is not clear from your letter whether your brother has admitted the will to probate. If he has, you might conisider hiring an attorney to request an accounting. If your brother has not admitted the will to probate, you might consider hiring an attorney to permit you to open an administration of the the estate.
It may be that your mom is entitled to your dad's estate even if there was no will. You will need to visit with an attorney to figure this out. If your mom get everything anyway and your brother has not sumitted the will to probate, you could file an application to administer the estate. Your brother may simply allow you to handle the estate or protest that there was a will which should be probated. My thinking is that once he is before a court, he would behave more responsibly.
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