Legal Question in Wills and Trusts in Texas

My brother had power of attorney prior to my fathers passing and attemted to sign over a vehicle and a small personnel business worth an estimated 30,000. This was being signed over to my step mother. He did not correctly sign the title and or the business documents. My father passed away before he could make the corrections. A lawyer told him and my step mother that the documents could not be signed until the will was probated. My brother is also executor of the estate. My brother and I are equal beneficiaries of all tangible assets. Recently he met with the stepmother and signed the documents correctly. The business was aquired during his marriage to my stepmother. We have been told that she owns 50% and my brother and I own 25% each. My question is, can my brother sign over the title to the truck and the business without my consent and/or signature?


Asked on 8/25/10, 3:09 pm

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

If the business was acquired during the marriage it was probably community property which means that 1/2 of the business belonged to your father's spouse. The other half belonged to you dad and passed under the will. If the truck was acquired during the marriage, the same division applies. Your brother as executor has the power to dispose of all of the assets of the estate. Your consent or signature is not required. However, your brother has a fiduciary duty to you. Under the probate code you can require him to account to you for what he has done.

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Answered on 8/30/10, 8:11 pm


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