Legal Question in Wills and Trusts in Texas
My father died 3 months ago. There are 6 siblings. Our mother passed 8 yrs ago. I'm the oldest, one of my brothers and I were co-executors of both wills. My brother talked my dad into taking me off and giving him full legal and medical Power of Attorney. Since my fathers death he has not shown us the will and has not probated the will. We have asked him many times why not and no response.
1- How can we see copy of will
2- Need to know amount in checking accounts when our father passed
3-need to know Liquid Assects and Capital at time of death
4-What right do rest of siblings have to get something done
5-There was also property sold before his death. Where is that money?
6-There are still 3 houses to sell
We need to know what to do to get this done.
Thank you
2 Answers from Attorneys
Sorry for your loss
In order to get the information you want, you are probably going to have to hire an attorney since your brother doesn't seem to want to play nice. If you think your brother has the original will, you can have your lawyer file an action in Dallas Probate Court to force him to produce the will. Once the will is produced, then you get to start asking questions about the assets (through your lawyer). Remember that once your dad died, the powers of attorney were revoked and essentially useless.
Hope this helps.
Yes, under the Estates Code there are things you can do to get a copy of the will. If you need any help with that, please let me know.
Nancy Perry
The Perry Law Firm
817-877-3933