Legal Question in Wills and Trusts in Texas
I live in Texas and have a question about my father's estate. My father passed away on April 22, 2009. My sister was appointed executor per the stipulations of the will. It has now been almost a year and a half. She was supposed to divide all personal property equally, then sell the home. Once the home is sold she is supposed to divide the money equally. We have already divided the personal property but she still has not put the house on the market. She will not give me any details on the estate..ie: how much the house is valued for, if she has paid the taxes, what expenses have accumulated or what the house will be listed for. She hasn't even told me when she will be putting the house on the market. How long does she have to complete this process and how can I insure that she is not allowing my half to dwindle away in expenses and taxes?
2 Answers from Attorneys
To get further information, you can ask her for an accounting after 12 months from the appointment as executor. In the accounting, the executor should disclose the assets, income and expenses of the estate. It is unlikely that this will show details such as what the house will be listed for or when it will be placed on the market, If she refuses to provide an accounting you can sue for one under the probate code.
As noted, you can ask for accounting..but if she divided personalty fairly, she is probably acting prudently on the house..i.e. it is a bad market/buyers are few since most don't qualify for loans..and wo hiring a lawyer, go to the probate court to see the records/call the attorney..but first..talk to your sister....and yu can call any realtor to determine the value of the property...but keep your family ties...