Legal Question in Wills and Trusts in Texas
Executor won't disburse assets
**Question: If I have to hire a lawyer, might I be able to receive a full and equal share, have his executor's fee be forfeit, and my travel/court costs/lawyer fees be paid by the executor I am suing.
**Situation: My brother Dan is the executor. The will states that my mother's assets are to be divided equally between him, myself and my other brother. There is $100,000 in cash and her house ($300,000). Dan claims that he should be allowed to reduce our shares by whatever amount would allow him to afford to buy the house. We have made several reasonable offers, including a loan, co-owning the house, reducing our shares by 20%. But it seems that he cannot afford to buy the house unless we reduce our shares by 40%--which is more than I am willing to give up. Because he will not accept my offer of 20%, and I will not agree to his demands of 40%, and he because he knows that he is legally bound to divide the assets equally, he is retaliating by not moving forward to either buy the house, sell the house and finally, to disburse the funds. It's now been 6 months. He is impossible to deal with, and I have tried very hard to maintain a friendly and constructive attitude. My other bro won't participate in talks--and has left it in my lap.
2 Answers from Attorneys
Re: Executor won't disburse assets
The fees will be paid out of the estate. You can sue to have the executor removed for the reasons you state. If you want my help on this matter contact me by email. Good Luck
Re: Executor won't disburse assets
You may be able to recover court costs and attorney fees from the estate. You may also be able to remove your brother as executor, and have him cough up any unearned executor's fees.
Six months is really a very short period of time within which to disburse an estate, since unsecured claims may be filed against the estate during that period.
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