Legal Question in Wills and Trusts in Texas

Property in probate

What are a persons legal rights if a

family member loaded up their car with

a deceased persons property

immediately following her death?


Asked on 6/12/07, 7:23 pm

1 Answer from Attorneys

Kathryn Perales PMI Oil Tools

Re: Property in probate

That property should be listed on the Inventory, Appraisement and List of Claims that the executor must file with the Texas Probate Court.

Depending upon the situation, the executor might file a lawsuit against the person to get the property back, or file criminal theft charges, or simply withhold that person's inheritance until they return the items.

It is up to the executor to do something. If the executor is not doing his or her job, someone can ask to have the executor removed, and appoint a new executor who will do the job. if the property was not worth much, the executor may have decided that it's not worth it to pursue the matter, and a judge might agree.

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Answered on 6/13/07, 11:37 am


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