Legal Question in Wills and Trusts in Texas

A friend of mine passed away recently and in his will he lists what certain people can take from his home and who has first pick and who doesn't. The executor of his will however doesn't like me, and contacted everyone in the will to my deceased friend's home but me. I didn't even know about it until one of the people he contacted told me. So I'm thinking he was trying to get everyone to clean out his home behind my back, even when I had first pick in everything. Is that allowed? Should I let those people into my friends house and pick ahead of me? I have a copy of the will so that's my proof so can I legally keep them out until I pick what I want first?

And doesn't he HAVE to contact me if I'm in the will if he is the executor?

Also, my friend gave him a separate will and set of instructions about some money that specifically went to me. He told me about it and a lot of other people about it, but recently he acts like he never said anything about it. Someone went behind my back and told him many bad things about me that was untrue, so I think he's trying to hide the other will from me. I'm certain my friend left me some accounts in other banks and that my name is on them because he mentioned it to me before. But I have no idea where they are and the executor is not going to tell me. Is there anything I can do about it? I really don't have any proof about the other will other than what he told me and some other people.

Please answer.


Asked on 10/07/09, 6:39 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Depending upon the value of the property in you deceased's friend's house, you may want to retain an attorney. Executors have a fiduciary duty to carry out the expressed wishes of the Testator. If the will that is being probated was executed after the one where you were supposed to receive money, it is likely that it supercedes that will. Again you need to retain an attorney to help you with this.

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Answered on 10/12/09, 9:46 pm


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