Legal Question in Wills and Trusts in Texas

My Mom deceased almost three years ago, she had a will and in it she had appointed a locla attorney as the independent executrix of the will the will has been filed with the court and probated a long time ago. Part of my moms estate included some mineral rights on some property. Since the lannnd has been leased and a producing well has been drilled which is paying royalties. My Moms estate included very little othyer rhan this. The lawyer/independent executrix of the will has dispursed what cash my Mom had to me and my three siblings a long time ago. Now however there is a bank acct. somewherer in my moms name estate. The ownership of the mineral interests and royalties still has not been turned over to me and my brothers. Each time we ask it seems like we get a different answer. now she is trying to tell us that that acct has to build up to pay the taxes on the oil and gas royalties wwhich to people like my brothers sister and I is a lot of money Chesapeake energy pays once a month bur she doesnt acct to us how much or anything. Seh has no ssatisfactory explanation for the delay and I have been in contact with cheseapeake energy and they tell me it is only a matter of sending them a copy of the death certificate, the will and the probate documents and that they will change the ownership for us and that it shpould take 2 to 5 weeks. then myself, my brothers and sister will each get our own chec from them. If someone else is an idependent executrix of a will and the person died almost three years ago, and the estate was what we were told would be all very simple and easy to probate and execute can myself and my siblings authorize the oil company to go ahead an give us each our 25%ownership of the mineral rights without the independent executrix/lawyer because if we wait on her we are afraid we are just going to end up with a big bill. PLUS ITS MY MONEY AND I WANT IT NOW!


Asked on 6/24/10, 12:02 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

You will need an attorney to motion the court to appoint a different executor. Contact a good probate attorney in your area. It sounds like you need help immediately.

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Answered on 6/24/10, 4:21 pm


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