Legal Question in Real Estate Law in Texas

I have 4 stepbrothers and sisters and 6 brothers and sisters. My father died when I was 14 and my mom died 4 years ago. The family homestead belongs to the surviving children and is still in my late father's name. my mother named my stepbrother as executor. One of my step brothers has chosen to live in the home. I have recently wanted to upgrade one of the unused bedrooms with a phone and computer since I am in town everyday and have kept up the premise all my life. My stepbrother is now telling me that since he is residing there that I cannot come onto the property or do anything inside or outside of the property as long as he is living there. I am a rightful heir and the situation is exploding and he has gotten my other step brother and sister involved and has actually disposed of items that I had inside the home. What are my legal rights? And does my stepbrother being executor make him the decision maker in regards to the heired property?


Asked on 10/15/10, 9:09 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

In my opinion he is right..and your only remedy is to hire a lawyer, force settlement of the estate and disbursement of funds..which wil be guided by the will. Be sure to get a copy of the will which had to be probated to see if you have any rights..as a will can exclude heirs..

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Answered on 10/20/10, 9:44 am


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