Conflict of Interest

What is the name of your state? Texas
I was notified by an Executor that I was included in my cousins will. He informed me that there were two others beside me in the will. The first check I received for $3740 which he stated was a three way divide with him taking out his fee. Next he told me there was a home with 1 acre which would be sold. I requested a copy of will from the court and learned that the first savings account totaled $15,500. This does not equal to a three way split. I also learned that the home included two acres. He said there was a bond for 10k but that a lein for a car had took 4k off of it. I learned from the will that the bond was 11k. I also learned that he is included in the will as one of the three. Can a person in the will also charge a fee? What do I need to do about all of these discrepancies?

Check at the county courthouse to see (by looking at the probate file papers) whether this executor was required to post an executor's bond or not. All you can do now is wait for the probate to close and look at the accounting information he provides for the probate file to double check his figures. Yes, an executor can also be a beneficiary.

DANDY DON IN OKLAHOMA ([email protected])

TX
Does probate close when all of the estate is given to all parties. He was not required to post a bond. What does this mean? I have now found out that the other beneficiary is his sister and they may be working against me.

Just because bond wasn't posted doesn't mean anything bad. It just means that the executor saves the few hundred or few thousand dollars he would have been required to post for the bond. Yes the estate does close soon after all parties have received their monies. You have no evidence of wrongdoing right now and will need to look at the probate file after the estate has closed. I wouldn't be surprised if they did try to cheat you out of some monies and you are right to be suspicious. If possible you need to attend one or more of the probate court hearings to keep abreast of what is going on.

DANDY DON IN OKLAHOMA ([email protected])

Thanks a lot for your assistance.