Legal Question in Wills and Trusts in Texas
Wills
I was executor of my mother's will years ago, at which time her wishes were that all her property be divided equally among her 3 children. I became sick and relinguished my position as executor to my brother. My Mom died recently and now my brother says he is sole beneficiary and my sister and I get nothing. Is there any recourse? Is it worth my time to fight this? If there is/was a will prior to this last will, can it be used [the original will was supposedly lost]?
1 Answer from Attorneys
Re: Wills
Sorry, this doesn't make sense. You can be named as the person to serve as Executor in your mother's Will, but you aren't the Executor until the your mother dies and the Will has been entered for probate. If a new Will was made the old one is void. There might or might not be grounds to challenge it. Whether it is worth it or not depends on what your mother's estate is worth. You should go talk to a good probate attorney.
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