Legal Question in Wills and Trusts in Texas

Father and mother have both died. My brother is in possession of will. I talked to his lawyer and gave her correct address for myself. I haven't seen the will. I asked for copy of will and have received nothing. They want me to sign a waiver giving him total executorship of will. In no uncertain terms would I do this was the answer to them. I have since found out there is back taxes on property mentioned in will. He doesn't want the will going through probate. I haven't heard from either. Don't know what they're doing. What would be the next step for them in obtaining this executorship and how do I obtain a copy of this will?


Asked on 3/03/10, 6:16 am

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

If you are close to where your parents died, you could hire a lawyer and file for probate..and IF there is a will, it must be produced or all assets less debts would be under your control. If you are not close..it will be time consuming but can be done..call us or any probate lawyer for help

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Answered on 3/08/10, 9:43 am
Cheryl Rivera Smith The Smith Law Firm

By law, beneficiaries must receive a copy of the will and brother is obligated to give it to you. Please give him written demand for a copy by certified mail. You can also open probate and petition to be executor since it appears some irregularities are taking place. Contact an attorney as soon as possible to protect your interest.

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Answered on 3/08/10, 3:55 pm


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