Legal Question in Wills and Trusts in Texas

Recording a call in texas

My father recently passed away and I am the executor of his Will/Trust. I have a relative who was harrassing me about my father having more money, which he doesn't, and in order to stop the harrasssment, I told her that he did, but we will get that later since the amount is not in the Will. She recorded our conversation without my consent and knowledge. I did tell her prior to the Will being probated that I was lying to her to stop her harrassing me about it. Now she claims that she has a lawyer and the recording of me saying that and plans on using it to try to get something that does not exist. She has been harrassing me the whole time through this processing of the Will/Trust and I just got tired of hearing it. What can happen to me in this case, if anything, especially since I did tell her the truth prior to distributing the assets according to the Will/Trust? Can I be sued or prosecuted? I also told my Lawyer that I did this from day one and why I did it, but need a more affirmative answer from someone else. He said not to worry since the Will/Trust says that I get everything else anyway. Also, is she even allowed to use that recording for evidence since I had no knowledge of it?


Asked on 1/13/09, 8:31 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Recording a call in texas

Talk to a criminal lawyer about the recording. Sounds like your relative is a little "off center" and I would just ignore her. As long as you have done nothing wrong, you have nothing to worry about.

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Answered on 1/15/09, 9:01 am


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