Legal Question in Wills and Trusts in Texas

Time limit on estate disbursement?

My Mom died almost 5 1/5 years ago and named my brother as executor. He filed papers to open probate, but that is all that is on file at the courthouse other than a summary of the assets and debts of the decedent. The lawyer handling the estate was a close personal friend of my Mom.

I have a list of debts paid and deposits made that ends less than a year after her death. Her house sold 2 months later. I have tried for 4 years to get copies of the closing docs and final check from the sale of the house,as well as a list of the remaining checks and deposits.

There is no doubt that my brother paid sizeable non estate debts with estate funds, but I have not been able to get documentation. My other sibling and I realize that we should have hired a lawyer a long time ago, but we did not do so because of the friendship that existed between my Mom and the lawyer handling the estate. We can't communicate with our brother.He has cheated us and he knows it.

The lawyer told me last week that he would request that the executor furnish documentation within 10 days.

Is it too late to get another lawyer involved to force the executor to repay mis-spent funds and disburse them? I would estimate the amount to be repaid in the $50K-$60K range.


Asked on 2/22/06, 11:37 am

1 Answer from Attorneys

James Grissom Law Office of James P. Grissom

Re: Time limit on estate disbursement?

It's not too late to hire a lawyer. Find an attorney and present your facts to him/her. Be prepared to talk with several attorneys.

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Answered on 2/22/06, 11:43 am


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