Legal Question in Wills and Trusts in Texas
Executor rights
I share heirship of land with 8 siblings, my father died intestate and left behind our step mother. I know she is entitled to her life estate (my fathers real property prior to their marriage)100% because it is in rural area. They have alot of community property, step mother is wanting to give up her life estate in exchange for all community property. My brother who was recently named executor, has given her the green light to do so. If all my siblings agree to this in writing except me, do I have no say so in this matter? I prefer division of the community property and can wait to get my fathers real property many years from now.
2 Answers from Attorneys
Re: Executor rights
It is probable that they cannot get the deal done without your signature. In other words, you can kink up the whole deal, and force them to go to court to force a partition and effectively end up with the same thing, less expenses and attorneys' fees. If the proposed plan is a fair and reasonable deal, it does not make sense to hold it up.
P.S. I assume that you are talking about 200 acres or less which is a rural homestead. [Different rules apply for non-homestead property].
Re: Executor rights
You can force the issue, wind up in court, and get your portion less court costs and attorney fees. What's 1/9th of 1/2 of your father's estate worth? Remember, that doesn't include insurance and other things that pass by contract outside the laws of inheritance.
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