Legal Question in Wills and Trusts in Texas

I would like to know how and when an heir to an estate, may sue the lawyer who is the council for the executor of an estate in probate? I have waited over 2 years for a 1/3rd cash distribution from an estate that the executor continues to use the money for attorney fees to keep me from requesting

financial information and inventory documents. I strongly believe the probate attorney is in on this scheme. The executor is definitely using this to anger and upset me. All estate taxes and expenses have been paid up to date. I do not wish to petition the probate court to remove this executor as the money should be distributed immediately. I believe the lawyer is behind this. Can he be sued for malpractice as he is not encouraging the executor to complete probate in a timely manner?


Asked on 5/17/10, 4:08 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Find a good probate attorney in your area to enter an appearance on your behalf and request to be appointed to executor. Let that attorney guide you as to where blame lies once all facts are examined.

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Answered on 5/23/10, 6:13 am


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