• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Initial Probate Hearing...do I need to be there?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jacey

Junior Member
What is the name of your state? Texas

My brother and I are co-executors of an estate that is going into the initial filing of co-executor phase this coming Friday. I have recently become aware that money he borrowed against the estate, at least 200,000, for a divorce, he has no intention of repaying. This may be the tip of the iceberg as he has had POA for the past several years and the amount in the account is not adding up to what we had estimated had it been handled properly. I have contacted an attorney in the area he lives..a half days drive away. He has told me this initial hearing it will not be necessary for me to attend, that he will make sure my name goes through as co-executor. I have not met with this man face to face, but feel he is credible as having been a city attorney for the past 20 years and had two unrelated references deem him "trustworthy." This being said, I do not want to miss anything that might adversely affect this case. How important is meeting him face to face..and even though this will mean two trips in the same week, the second requiring an overnight stay, how important is my actually being at this establishing of co-executor meeting?
 
Last edited:


lwpat

Senior Member
With this amount of money at stake I would be there. It also sounds like you would have grounds to object to your brother being co-executor.
 

Jacey

Junior Member
With this amount of money at stake I would be there. It also sounds like you would have grounds to object to your brother being co-executor.
I talked to the attorney mentioned above and he has pretty much convinced me I need not make this first appearance. I am thinking I don't want a co-executor removal war at this time. I believe, but please correct me if I am wrong here, that things are pretty much in lock down at this time. Bills need to be paid, etc..but not much more can be liquidated, aside from stuff he already has possession of, that I have no control over anyway. I on the other hand as co-executor can demand statements and bank books etc. Do you see my point here? Also, if the lawyer, well established and respected in this area is just making sure my name goes through, there is the appearance of my having representation, but not in an adversarial way..at least not obviously..at least not yet. I'd appreciate your comments.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top