Legal Question in Wills and Trusts in Texas
Distribution of Parent's estate
Let me begin by saying my Mother and Stepfather died within 14 months of each other. Both their wills read the same leaving everything to each other and at their deaths to their 9 children. My stepfater died Dec 9, 2006. Will was probated Feb 13, 2007. Step brother is the excutor. He is not cooperating and is actually verbally insulting in emails and has no intentions of distributing assets anytime soon. Available cash in the
estate account at this time is close to $300,000.00. House and other assets still need to be sold and liquidated. How long does he have
and is there any ruling on early distributions. There are several who are in need of the assets at this time and one who may loose her home if he does not distribute the funds very soon. Should we get a lawyer and go to the probate court and discuss with the Judge.
2 Answers from Attorneys
Re: Distribution of Parent's estate
Was your mother's estate probated? That is needed to put title into your stepfather's estate. Unsecured creditors have up to six months after notice of administration is published by the executor, so distribution is usually held off until that time has passed.
If the distribution to the needy child wouldn't deplete the estate, try asking nicely.
Going to court at this point would be a waste of time and money. The executor may be nasty, but he's not done anything wrong.
Re: Distribution of Parent's estate
Judge's are not there to "discuss" anything. They make rulings on issues of law and fact. If you want anything out of this estate, you better hire a lawyer yesterday and see if there is anything left or what you can do about what may have been taken. You can have the brother removed and perhaps criminally prosecuted if your suspicions can be proven.
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