Legal Question in Wills and Trusts in Texas

My mother recently passed. An old will names my half-sister as the executor of the will. I feel like if my mother had updated the will she would've better provided for me, in fact she told me as much while she was still living. The will leaves her car to my sister, although the car she owned when the will was made IS NOT the same car she owned at her death. My mother left debt and the car needs to be sold to pay for expenses; however, I'm afraid my sister may be more generous in her take of my mothers possessions then my mother would've intended. What can I do?


Asked on 4/21/10, 2:10 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

If a specific car is named in a will and that car is sold, then there is no substitute gift. However, if it just names "her car", then if there is a car, then it passes to the devisee. Your sister has a fiduciary obligation to act for the benefit of ALL beneficiaries. If she acts wrongly, she could be held personally accountable. If she does not act accordingly, you can hire an attorney to petition the court to appoint you as executor. It is best to have open communication among all to avoid excessive legal fees.

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Answered on 4/26/10, 2:52 pm


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