Interested Person?

[jhorn03]

What is the name of your state? Texas

the issue is as follows..aunt died in july 2004.will admitted to probate in oct 2004, naming a niece sole beneficiary, who is also named executrix ...an inventory has been filed, estate has not been closed,

Brother has filed an application to remove independent executrix and revoke letters of testamentary and has notice a hearing...in addition he requests that the will be cancelled on a laundry list of grounds...my question is as follows...

is he still an "interested person," as defined by the probate code, for purposes of removing an executor from an estate ?

...we are considering filing a response along with a motion to dismiss, hopefully forcing a will contest before he can jerk around with the administration of the estate

i realize that he is an "heir" under the code, but should he not have to contest the will first, triggering our right to a trial by jury, have it thrown out, and the deceased ruled to have died intestate before he can challenge the administration of the estate?

any help would be appreciated...

 

[BlondiePB]

What is the name of your state? Texas

the issue is as follows..aunt died in july 2004.will admitted to probate in oct 2004, naming a niece sole beneficiary, who is also named executrix ...an inventory has been filed, estate has not been closed,

Brother has filed an application to remove independent executrix and revoke letters of testamentary and has notice a hearing...in addition he requests that the will be cancelled on a laundry list of grounds...my question is as follows...

is he still an "interested person," as defined by the probate code, for purposes of removing an executor from an estate ?

...we are considering filing a response along with a motion to dismiss, hopefully forcing a will contest before he can jerk around with the administration of the estate

i realize that he is an "heir" under the code, but should he not have to contest the will first, triggering our right to a trial by jury, have it thrown out, and the deceased ruled to have died intestate before he can challenge the administration of the estate?

any help would be appreciated...

What has your and/or your brother's attorney said about this?

 

[Dandy Don]

You need to be asking a Texas probate attorney whether a beneficiary who is also an executor can serve as executrix.

Is it possible that the niece used undue influence to get a will drafted, or is she not the type to do that?

Is the brother specifically disinherited in the will or even mentioned in it at all?

What reasons is he giving to request that she be removed as executrix, and under what grounds is he wanting the will canceled?

It seems like this is a cheap stunt by him in an effort to try to get the will thrown out by not officially contesting it, but this is poor strategy on his part and is so flimsy that it won't succeed because he has no legal ground to stand on.

DANDY DON IN OKLAHOMA ([email protected])