probate in texas-can we charge the estate for work such as painting?

[vanzandttx2]

What is the name of your state? Texas

I am the executor of my mothers will. The house needs sheetrock work and painting before we sell it. We are hiring someone for the sheetrock work. Can we paint it ourselves and charge the estate for supplies and labor? I have 2 sisters and 1 brother. The brother has stolen alot of money from us and sold things from the house and won't lift a finger to help. As executor, can we exclude him and divide the procedes by 3 or in texas does it have to be equally divided. He cashed in an insurance policy for 116,000 5 months ago that was supposed to be split equally, but he refuses. Can a lein be placed against his house? Thanks for all the info.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Texas

I am the executor of my mothers will. The house needs sheetrock work and painting before we sell it. We are hiring someone for the sheetrock work. Can we paint it ourselves and charge the estate for supplies and labor? I have 2 sisters and 1 brother. The brother has stolen alot of money from us and sold things from the house and won't lift a finger to help. As executor, can we exclude him and divide the procedes by 3 or in texas does it have to be equally divided. He cashed in an insurance policy for 116,000 5 months ago that was supposed to be split equally, but he refuses. Can a lein be placed against his house? Thanks for all the info.

My response:

Let's talk about that $116,000 insurance policy for just a moment. Tell me about it. Who was the beneficiary on the policy itself? Why do you believe it was supposed to be split?

IAAL

 

[Dandy Don]

Also explain--did he cash in this policy before or after the mother's death?

Did brother have power of attorney granted to him in a document signed by mother while she was alive?

DANDY DON IN OKLAHOMA ([email protected])

 

[vanzandttx2]

response to 116,000 policy

My father died oct 5,2004, my mother was very sick and died one year later. While taking care of my fathers paperwork, we discovered my mom had a policy for 116,000. We told her about it and that dad was the beneficiary and my brother was listed as the other in case my father passed away. She had me send for change of beneficiary forms and told me she sent them back in. She told us all that if anything happened before it was changed that my brother would split it with all of us (believe me, he was a very trustworthy guy). She new she didn't have long to live and had even told my sister that she was happy she would be able to leave her with enough for a down payment on a house, etc. Well, he always said he would split it after she died. We just found out he cashed it in in december and bought a new house and BMW and had a big wedding and has totally refused to talk to everyone in the family. We were best friends until I found out what he did and he won't talk to me anymore. We are a very close family, or were until all of this. He won't help pack or clean the house, etc. He has taken tools and sold them of my dads. It is very hard to take. I found out we can't do anything about the money since he was left as the beneficiary, so we were seeing if we could put a lein on his house (he is trying to sell it right now). Thats why we are trying to see if the proceeds of the house can be split between my sisters and I and not him. The house is worth about 135,000. What can be done? I can't believe he can do this to my parents.

 

[Dandy Don]

Unfortunately, your mother made the fatal mistake (she probably didn't know any better) of naming brother as sole beneficiary, when she should have named each child as beneficiary. Too late to do anything about that now.

Have you even checked with the insurance company to find out for sure how she filled out the beneficiary change forms that she sent in? You should request a copy of that to see what it says--but since they paid him it looks like she either kept it the same or didn't get her form turned in on time. Unfortunately you have no recourse against him in getting any of that money back unless you discover your names on the beneficiary designation form which would indicate that the insurance company made a mistake in paying only him.

Regarding the home to be sold, whose name was on the title before mother's death--did she own it completely without any outstanding mortgage? If she did, then children will be equal heirs and the executor, as you probably already know, can sell the house and split the money equally.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

My father died oct 5,2004, my mother was very sick and died one year later. While taking care of my fathers paperwork, we discovered my mom had a policy for 116,000. We told her about it and that dad was the beneficiary and my brother was listed as the other in case my father passed away. She had me send for change of beneficiary forms and told me she sent them back in. She told us all that if anything happened before it was changed that my brother would split it with all of us (believe me, he was a very trustworthy guy). She new she didn't have long to live and had even told my sister that she was happy she would be able to leave her with enough for a down payment on a house, etc. Well, he always said he would split it after she died. We just found out he cashed it in in december and bought a new house and BMW and had a big wedding and has totally refused to talk to everyone in the family. We were best friends until I found out what he did and he won't talk to me anymore. We are a very close family, or were until all of this. He won't help pack or clean the house, etc. He has taken tools and sold them of my dads. It is very hard to take. I found out we can't do anything about the money since he was left as the beneficiary, so we were seeing if we could put a lein on his house (he is trying to sell it right now). Thats why we are trying to see if the proceeds of the house can be split between my sisters and I and not him. The house is worth about 135,000. What can be done? I can't believe he can do this to my parents.

Mom wanted bad brother to have the whole chunk or she would not have made him sole beneficiary and (according to your post) put it in writing. You intend the natural and probable consequences of your own actions.

The will must be followed in splitting up the rest of the stuff.