Legal Question in Wills and Trusts in Texas

Executrix fiduciary duty to protect real property asset

Grandmother(GM)died/No spouse/no living chldrn/4 G.chldrn/GMleft hand-written will(notprobatedyet) appntng sibling/G.Aunt executrix and naming only the 3 living grandchildren,G.Aunt,and cousin as beneficiaries.Bank account/CDs/possessions distributed first;then home 2be sold/proceeds divided amongst G.children. The problem:G.Aunt rec'vd lowballoffer from ''We buy ugly houses'' and wants to sell house with no probate now. Cntytaxrecrds list house with fairmarketvalue much higher. She doesn't want to get will probated. If it's invalid, she will receive nothing.Meanwhile house deteriorates from neglect and or vandalism. What is her fiduciary duty to protect the beneficiaries from deterioration of asset?


Asked on 2/17/03, 7:48 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Executrix fiduciary duty to protect real property asset

So long as the will is solely in the executrix's handwriting, and two people can identify her handwriting, the will is valid. Until the will is probated, G.A. has not duty to anyone, and no authority to do anything with the estate; i.e. she can't sell the house because title is in GM's name.

Tell Auntie that if the court has to determine heirship, she'll get nothing. Anyone with an interest in GM's estate can move to enter the estate in probate, so you have some leverage.

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Answered on 2/18/03, 11:42 am


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