Legal Question in Wills and Trusts in Texas

My Father died in March, Our Step mom is in an Memory care facility. They have a home and there is like 1oo,ooo dollars in Moms account there is a cd for around another hundred thousand. My dad wanted my sisters to be executors but they have refused to file the will for probate, so they are not legally executors. They have stated they have no one to report to, one sister moved her boyfriend into our parent's home and all the utilities are on and being used, the telephone , cable, internet etc.We need to know about 1 Community Property 2 Separation of Property and all of that hinging on the surviving partner being incapacitated. Since the other partner had legal power of attorney, and the daughter has Medical power of Attorney, does the estate of our father have legal power of attorney for the surviving spouse??


Asked on 5/01/14, 12:56 pm

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

You need to hire a lawyer. There is a provision of the Texas Estates Code that requires people who are in possession of a will to file it with the county clerk even if they are not going to probate it. You need an experienced Probate Attorney who would probably file an application to probate the will with you as the applicant and do some other things to your sisters. Run don't walk because the longer you wait, the more the assets will be diminished.

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Answered on 5/01/14, 1:06 pm


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