Legal Question in Wills and Trusts in Texas
legality
Mother recently died.Sister went through personal effect.
Apparently she is executrix.
Her youngest daughter is wanting to assume house note.Is this legal?
It's just the two of us,myself and my younger sister.
Will has not been probated.
As sole survivers,do we not share equally?
Do i not have any say so.
I thought as executrix,her tas was to make sure bills etc were paid until was settled.Not disburse as she see fit.
Can this ''assuming house note'' be done without my agreeing to such an arrangement?
1 Answer from Attorneys
Re: legality
"Executrix" implies a will. That should be entered into probate and the instructions followed. Your sister doesn't have authority to do anything with your mother's estate until authorized by the court after the will has been probated.
If no will, then both siblings share equally in the estate after all debts are paid, but the heirship has to be determined by the probate court.
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