Legal Question in Wills and Trusts in Texas
Power of the executor
My father died in 1996 leaving my mother the entire estate. There are three children. My mother has named one sister as the executor. After mother passes away as I understand it she is the one to take care of any debts and then distribute the money and property according to the will. My question is How will we know if she is being honest and can she decide when she distributes the monies and the land, house, etc. Will she get to decide who gets what? I just want to know what her power will be because she has tendencies to want everything for herself and I'm not sure she will be fair to my sister and me. We are all natural children of both parents. I'm not trying to be greedy, but I want everything to be handled fairly.
2 Answers from Attorneys
Re: Power of the executor
Very soon after the will is filed for probate, the executor must file an inventory. If this is not done timely, you can petition the court for an accounting. If there have been any irregularities, the executor can be removed by motion and order of the Court. If the estate is of such value, you might want to retain an attorney to assist you in the fair distribution of the estate.
Re: Power of the executor
In addition to Mr. Grissom's answer, you have the right to request an accounting one year after the executor has been appointed if you feel that the distribution has not been proper.
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