Legal Question in Wills and Trusts in Texas

Texas Probate

My brother was put in charge of their father's estate,who passed away recently.The sibling's would like to know; What if they disagree with how the executor(brother)is handling the estate? Can they find him incompetent? Can he be removed? If so, how do they remove him? What basic right's do the heirs have regarding their father's estate?

Is there a time limit on which the executor has to notify the heirs of their inheritance and how does he notify them? Apparently, this brother(the executor),who is 42 yrs. old has never held a steady job, who is living rent free in the fathers house,and has been known to doing drugs is spending money right & left. The heirs are very concerned that if they do not do something quickly, all their inheritance will be gone.

Unfortunately, at this time they do not have the funds to retain an attorney, so any advice would be very appreciated.


Asked on 7/15/09, 2:47 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Texas Probate

Don't have the funds to retain an attorney, but have the patience to watch the estate ransacked and lose the inheritance My only advice to you is start reading the Probate Code and the Rules of Civil Procedure and become expert in those areas. Of course, by the time you become competent the money and everything will be gone. Another choice would be to confer with an attorney and see what your choices are. You might be pleasantly surprised.

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Answered on 7/15/09, 4:34 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Texas Probate

He can be removed and I would recommend you do so before any more assets are wasted. Contact a probate attorney in your area.

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Answered on 7/15/09, 5:41 pm


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