Legal Question in Wills and Trusts in Texas
tenancy of property
A daughter was living with her mother at the time of the mother's death and was her primary caregiver and had power of attorney for the mother's finances. A codicil to the mother's will named this daughter executrix of the estate. After the mother's death the daughter continued to live in the house without any compensation to the three other heirs, her siblings. Since she, as executor, controls the pace of the probate proceedings, she may spend the next four years under this same arrangement, without pursuing completion of the inheritance process. What can the other siblings, who are equal heirs under the will, do to accelerate the inheritance? Does the executor owe compensation to the other heirs for her use of the house?
1 Answer from Attorneys
Re: tenancy of property
The other siblings can hire an attorney to petition to have one of the other siblings appointed executor due to the named executor's negligence. There is a 4-year limitation period to probate the will, so you better get started. The daughter living in the house would owe market value of rent for her use of the house after date of death (usually deducted from her share). Good luck.
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