Legal Question in Wills and Trusts in Texas
Liability for Mismanagement by Executor
My hubby is executor for his mother's estate. After certain disbursements, the estate is to be divided equally among him and 2 other siblings. One heir, Moe, is in prison and will be for at least 3 more years. Another heir, Jan, is occupying both houses owned by the estate. Both houses are full of her things and the things of the deceased, which she says she must ''go through''. It has been 5 months. She can't pay rent or utilities for either house, and hubby is paying them out of the estate. He will not force Jan to move because she is ''destitute''. I fear the estate will be frittered away and Moe will sue hubby for everything we have. Hubby accepts Jan's excuses and delays. He insists in another month he will have her cleared out of one house and put it up for sale, and will put the util. bills in her name for the one she lives in. I say that is not enough; a responsible executor must collect market-rate rent for the house that is not put on the market. I say hubby is putting us at risk of being sued by Moe for squandering his inheritance. Hubby says I am hurting his family and causing division. Moe knows nothing of this matter. I am threatening to notify Moe so he can get an advocate to protect his interests. Please advise.
1 Answer from Attorneys
Re: Liability for Mismanagement by Executor
Jan has a right to live in one of the houses. Your husband can sell the other. Jan's rental should be 2/3 of the reasonable market rate, taken out of her share of the estate. Taxes and insurance should be taken from the general estate, since all devisees benefit directly from preserving the property.
Your husband should take an inventory of his mother's personal possessions and determine what the fair market value may be and then sell them at auction if they are of any appreciable value. Otherwise he can organize a yard sale with Jan and convert the property to cash.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
