Legal Question in Wills and Trusts in Texas
Million dollar estate in the hands of misanthropic half brother
My father had 5 children, 2 by a legal wife and 3 by my mother. We three are the black sheep. My father left most money to the former 2 (since their mother is still alive - they get all her half of the estate) and the other half is divided among the five of us. Anyway the executor/trustee is doing some questionable things with property. He is miss-valued the properties and has transferred a lot of the good assets to his side and the bad assets to our side. How can we hold him to account? The will says we cannot hold him legally resp. The estate is worth 12M. Help! We are getting screwed!
2 Answers from Attorneys
Re: Million dollar estate in the hands of misanthropic half brother
Hello --
I agree with Mr. Bradie's response entirely. The will would govern how your case should proceed, and the document would need to be closely analyzed by an attorney before accurate advice could be given. The one thing I would add would be that sometimes provisions of a will are not enforceable (i.e. the non-contest provisions) and sometimes those same provisions can be construed to where you can contest the actions of the executor, as long as you do not attack the validity of the will itself. I believe that a strong case could be present here, and strongly urge you to visit with an attorney as soon as possible. Most attorneys will offer a free consultation, and many, such as our firm, would handle your case by e-mail, phone and fax, if person-to-person meetings could not be arranged. Nonetheless, time is of the essence, and I encourage you to act soon.
Should you have questions of us or wish to consult with our office, please feel free to e-mail us at: [email protected] or call 254.756.5004 All the best,
Joshua Wintters
Attorney at Law
Re: Million dollar estate in the hands of misanthropic half brother
Any attorney would have to see the will itself, to determine just what the rights and duties are of the executor, and whether he is exempt from the laws that govern the actions of an executor.
As to how to get a proper division of assets, the distribution may be challenged in court. You'd want an attorney that practices in the county where the will was probated.
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