Legal Question in Wills and Trusts in Texas
Executor/ distribution of estate
My sister passed away three years ago. My older brother was named the first executor and I was named the second executor. My brother said that my sister didn't have anything to distribute and did not give me or my siblings anything. He has been living in my sister's home since her death. My question is can myself and my siblings have my brother removed from the home and claim the house or land? Is there a statute of limitations in this situation?
2 Answers from Attorneys
Re: Executor/ distribution of estate
If your sister had home, that is something that can be distributed. If your brothe was named executor it sound's like there was a will. Did your brother probate the will? You should see an attorney with the answers to these questions. If the will was not probated you can file an application to probate the will.
I practice in the San Antonio Probate Courts.
Re: Executor/ distribution of estate
If brother has not probated the will, you need to act soon, since the court will only allow a will to be entered into probate within 4 years of death. Otherwise, the estate will be distributed according to heirship statutes. Contact an attorney to protect your interests - if there is a house, there is something to distribute.
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