Executor stole the money!!!

[lostinthemaze]

What is the name of your state? Texas

I currently live in New Mexico, but I need to take legal action in Texas. The executor of my deceased Grandmother's estate in Texas took the money from her estate and bought some ranch land with it!

I can't get a lawyer to talk to me for less than $5000 in this matter, unfortunately, that is about the amount of money I expect to receive from the will.

How do I file the papers, or make a claim to get his sorry butt into court with the financial documents so I can make him show the judge how he stole the money? Who do I go to, the county clerk or the probate court office? Neither of them will give me any help about the process as they are not supposed to give legal advice. I am so lost, but I am willing to do all the footwork necessary to get my money, and right the wrong that my half brother has done.

Thanks in advance.

 

[lwpat]

File suit in small claims.

 

[Dandy Don]

Was the will ever officially probated in probate court? If so, it's hard to see how he could have gotten away with this if the court supervised his actions and if you were listed as one of the legal heirs.

Consider contacting the district attorney of the county where this estate was probated and make a complaint against the executor or explain the situation to the DA to see if he will file charges. If he won't, then you will need to get your own probate attorney.

You also need to order a copy of every page in the probate file from the county courthouse so you can get a complete idea of exactly how the estate was handled, and you also need to find out from looking at the paperwork or by asking the court clerk employees whether or not an executor's bond was posted for this estate--if there was one posted, then an attorney can help you figure out how to file a claim with the bonding company to possibly recover your financial interest.

Also you need to be asking an attorney whether your attorney fees can be recovered when you sue this executor--if the answer is yes, then you should have no hesitation in hiring an attorney to defend you since you will be reimbursed. Please do not try to defend this case yourself as you could make some costly errors. You need to evaluate whether to pursue this through probate action or through small claims court (small claims might be easier).

DANDY DON IN OKLAHOMA ([email protected])