Legal Question in Wills and Trusts in Texas

I have 4 brothers and one of them was made executor of our mothers will. He has become drunk with the power of the will.He allows his personal feelings to cloud his duty as the executor.He has not let us see the will and would find reasons why he is unavailable so we can't meet. He decided that we would only recieve $1000 a month and has given us $15,000 at the beginning of 2009;However Iam forty-two,my other brothers are older than that and we want to spend some money now we can't take it with us and you never know when you may die.Please let me know what some of my options may be.Thank you from Baby Brown in Texas.


Asked on 9/16/09, 6:56 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

To become appointed executor, you brother had to file a copy of the will in the probate court of the county where your mom resisided when she died.

As an executor he must pay your mom's debts before distributing any money. However, he cannot alter the terms of the will on his own. Understand that the will may contain a trust, naming the executor as trustee, regarding the distribution of the estate,

If you believe he is not following the terms of the will, you need to hire an attorney. You may want to remove him.

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Answered on 9/21/09, 8:44 am


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