Legal Question in Family Law in Texas
My mother just past away, leaving me the executor of the estate. It is a small monetary value estate. My only sibling has taken it upon himself to pick and choose the remains of her tiny household.
In her will she said, "Sell my house and belongings, divide the money equally between "Me" and "My Brother". There will be nothing but the house to sell as all things that might be garage sale are being taken by my brother.
She had no life insurance as she has been a canceer victum many years and deniede coverage.
Should I stop him and declare a value on each item, deducting that from the final tally of her home sale and car sale? Or what?
1 Answer from Attorneys
As executor you are responsible for filing an inventory. In that inventory you need to list the assets of the estate. Obviously this would include the house. It should also include any big items of personal property such as cars. If any of the expensive items in the inventory are in brother's custody say so in the inventory.
As executor you can ask your brother to either return the items that he took so they can be sold in accordance with your mom's instructions. If he does not return the items as executor, you have the power to assign a value to the items and deduct any unpaid proceeds from his share of the estate.
Regarding the unpaid proceeds. Half is money he owes you, half is money he owes him self.
So after splitting the proceeds of the estate without the sale, deduct from his share (one half of the items he took) and assign that amount to your share.
You should consult an attorney about this so he can review the will. If you are not an independent executor, you will have less power and more court proceedings may be necessary.
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