Legal Question in Wills and Trusts in Texas
My father passed away 3 years ago intestate and the estate was placed into probate. The administrator took over my mothers community property and the income from it and has not given her any of the money. He in fact has withheld all moneys from her and her portion can easily cover her estate debts, such as property taxes and upkeep of her half of the properties. The administrator has milked the estate dry and paid himself first before paying expenses (ie) funeral expenses, property taxes, widow allowance. The administrator has greatly diminished the estate from 2.4 million down half of that and to make matters worse is that he never got appraisal on any of the 10 commercial properties involved. I have no doubt by the actions of my mothers attorneys that their intent is to continue to milk her dry. My questions are as followed.
1) Can my mother file suit against the probate and estate?
2) Does all the monies taken from my mother and all penalties accrued by mismanagement of the court appointed administrator have to be paid back to my mother?
3) Is there an organization in Texas that can review her case and stop the illegal manner that this probate court case has conducted itself?
1 Answer from Attorneys
1. Yes, your mother can sue the administrator for malfeasance.
2. If the court agrees that the administrator acted unlawfully, then yes. The administrator would need to have assets sufficient to pay a judgment, though. Also, if the admin embezzled, a district attorney can be involved and possible criminal charges could result.
3. Your mother would need to hire a private attorney.
Dave
For more information, please visit our website:
http://leonlaw.com
Also, please read our disclaimer:
http://leonlaw.com/disclaimer/
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
