'Reporting by Executor'

Texas

My brother is executor of mother's will. I fairly understand it all. The only question I have is the executor's accounting of expenditures. I, as an heir, have no idea how estate money is being spent. I know he is not to comingle and don't know if he is or not. I know income to the estate has occurred and will continue to take place but have seen no accounting of it.

Is there a point during probate he must "present" an accounting? Do I have to "accuse"? Will it all eventually "come out"? I feel intimidated and do not at this time want to ask him about it.

thank you. What is the name of your state? Texas

When probate is nearly completed he will be providing an accounting then and you can review it then.

hello, i believe at the end of each year an accounting of expenses is submitted. at least in my mother's case i receive an accting at yr end and it needs to be approved by the court.

Check the Texas probate code at the link below. Sections 149 - 149g should answer your questions.

http://tlo2.tlc.state.tx.us/statutes/pb.toc.htm

Thank you all for the information, opinions, and link. The link seems to have all the answers, if one went to law school. I managed to get the info on accounting.

One more question, .. I have a claim against the estate. By what procedure do I lay the claim, and how long do I have to do it? Of course the answer is at the link, but I did not go to law school.

jb

You have a very short time in order to file a claim.

Usually it is six months or so (more or less).

e.g.,

§ 146. PAYMENT OF CLAIMS AND DELIVERY OF EXEMPTIONS AND
ALLOWANCES. ...

(b) Secured Claims for Money. Within six months after the
date letters are granted or within four months after the date notice
is received under Section 295, whichever is later, a creditor with a
claim for money secured by real or personal property of the estate
must give notice to the independent executor of the creditor's
election to have the creditor's claim approved as a matured secured
claim to be paid in due course of administration. If the election
is not made, the claim is a preferred debt and lien against the
specific property securing the indebtedness and shall be paid
according to the terms of the contract that secured the lien, and
the claim may not be asserted against other assets of the estate.
The independent executor may pay the claim before the claim matures
if paying the claim before maturity is in the best interest of the
estate.

...


Go to the website and search for claim and you will get lots of info.

If you don't understand something, post back.