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Execute will as written

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TAE36

Junior Member
What is the name of your state (only U.S. law)? Texas

In a family with several brothers and sisters, the Co-Executors wish to divide the properties, not according to the will.

Is this permissible, if all beneficiaries agree?

If one beneficiary does not agree, does the will have to be executed as written?

Thanks

TAE36
 


garrula lingua

Senior Member
The Executor promised to abide by the wishes of the deceased and carry them out. S/He took an oath to that effect when S/he was appointed by the court.

You promised.
You swore, to the Court, that you would carry out your duties. You have a moral and legal responsibility to carry out the deceased wishes, as stated in the will.

Let people switch things later, after Probate is closed and the distribution that the deceased wanted, is accomplished.
 
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TAE36

Junior Member
The co-executors have basically said "If you don't agree with what we're doing, sue us." They seem to think as executors they can do as they wish, not as the will reads.

What would be the proper legal way to contest this?

I was thinking of hiring an attorney to file a motion in Probate Court, to remove them as co-executors.

This would be in a Harris county probate court.

Thanks

TAE36
 

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