Legal Question in Wills and Trusts in Texas

Inheritance Deduction

My father passed away 2yrs ago and my wife and I had been caring for him for the previous 4 years and living in his home. A year before his death we had siding installed, the loan was in my fathers name since he owned the home. I personally made the payments. After his death my sister as the executor of his estate paid off the siding to sell the home but advised me that the amount paid off would be deducted from my portion of the inheritance. All insurance checks were signed over to the estate and as of yet I have recieved no money from the estate. Can she legally withold money from my portion.


Asked on 2/12/02, 5:01 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Inheritance Deduction

She cannot legally do what she proposes to do, unless the will allows her to do so. If the estate is to be evenly divided between the children, then the payoff for the siding loan simply reduces the size of the estate for everyone. If a year has passed since your sister was appointed as executrix, you can demand an accounting of estate proceeds in the court where the estate was probated.

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Answered on 2/12/02, 5:17 pm


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