Legal Question in Wills and Trusts in Texas

Fighting for our rights

Our Uncle passed away 9/2005 and left his will in the hands of his Sister in law(in her 80's) to be the sole independent executor. She received (thru the will)the 1/3 interest he had in the property she lived in which she has since sold and left town and the rest of his residuary estate was to be split in equal shares to his surviving neices & nephews she only gave 4 out of 5 of us $1. Well to this day she has avoided ALL request from the Courts & our attorney to show all documents for the estate and to turn over ALL estate $'s. We are at the point now that she has NOT complied with any civil court orders So we have just filed Breach of Fiduciary Duties against her & Civil Conspiracy against her daughter. When is enough enough and when does breaking the law come with punishment? She has from the very begining been very sneeky about answering our ?'s and the estate inventory/appraisement that she filed in 6/2007 showed over $200 thousand dollars that would be ours. Just tired of this run around day in and day out with NO end in sight. What are our rights? The estate is in Texas, we are in NJ and she has moved from TX to MA. I guess as the old saying goes don't trust any old ladys & I am losing my faith with the legal system


Asked on 7/07/08, 7:15 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Fighting for our rights

Regarding the real estate, maybe you can forget the legal system on this one. Did the sale occur through a title company? If so, you can make a claim under the purchaser's title policy for your share. In the alternative, you can sue the buyer of the property for your undivided interest...this interest wouldn't have conveyed since it wasn't hers to give. You will need a TX attorney for this who practices in the county where the property is located. Regarding the criminal and the remainder of the funds, I am afraid you will need to sue her and daughter in MA for the proper jurisdiction since the money has gone North!

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Answered on 7/08/08, 10:47 am
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Fighting for our rights

I assume from what you have said that you have an attorney. He or she is the one who is familiar with all the details of this matter and the one who should be answering your questions. Sorry the wheels of justice aren't turning fast enough for you.

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Answered on 7/07/08, 7:34 pm


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