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Executor Duty vs Responsiibility

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stormdodger

Junior Member
What is the name of your state (only U.S. law)? Texas
Long story short, my sister is executor of my father's estate. My father died 2February this year. My mother died in 1981 - she was an upper level executive in a major company and supported the family and left us well taken care of. My father was a low level retail salesman who contributed nothing and abused my sister and I physically, emotionally and sexually. My mom favored her son (me) and my father favored my sister, but my sister and I swore to each other that whatever was written in the final will, we would both split it 50/50, but now she instead is following my father's will (which I haven't seen) and cutting me out.

The estate should be in probate but is being pillaged right now under my sister's supervision, and I am in Florida. My questions are 1- is she bound to the terms of the will of this tyrant or can she do what she said and knows is right, and 2- can I sue the estate to obtain justice in the distribution of assets, which my mother would have wanted.

Thank you for your opinion in this heartbreaking matter.
 


anteater

Senior Member
can I sue the estate to obtain justice in the distribution of assets, which my mother would have wanted.
When you ask a "can I..." question, the answer is almost always, "Yes, you can."

The difficulty is that I doubt that you will find a court that will set aside the terms of a valid will in favor of an ill-defined and undocumented "swore to each other." You can always contact a couple Texas attorneys for opinions. Many attorneys will give you maybe 15 - 30 minutes without charge to relate your case and give you an opinion about the strength, or lack thereof, of your case.

If I remember Texas correctly, you should receive notice within 90 days of the opening of probate and appointment of the personal representative. At least some Texas counties have some information about probate cases online. Try doing a search for the county court's website.
 

JETX

Senior Member
is she bound to the terms of the will of this tyrant
If she has been appointed 'personal representative' by the Probate court, she is REQUIRED to abide by any valid terms of the will.

or can she do what she said and knows is right
Her 'right' might be different then what you think is 'right'.

can I sue the estate to obtain justice in the distribution of assets, which my mother would have wanted.
Of course you can hire a Texas based probate attorney to attempt to pursue whatever claim you want.... but based solely on your post, you have little to no chance of altering the will obligations (absent tossing the will for some reason).
 

Kiawah

Senior Member
Don't overlook the fact, that if you guys really do have this personal agreement to do what is 'right', that after the assets are distributed to her as per the will......that she can turn around and give you personal gifts all at once (see IRS gift form she'll need to submit), or over the years under the 13K annual limit.
 

JETX

Senior Member
Don't overlook the fact, that if you guys really do have this personal agreement to do what is 'right', that after the assets are distributed to her as per the will......that she can turn around and give you personal gifts all at once (see IRS gift form she'll need to submit), or over the years under the 13K annual limit.
You need to take English Comprehension again....

The intent of the post is NOT 'can' she do whatever the OP feels is right... but she is REFUSING to do it.
Why would you then tell the OP that she COULD??
SHeeeeeezzeeee....
 

Kiawah

Senior Member
Jetx,

If she has been appointed 'personal representative' by the Probate court, she is REQUIRED to abide by any valid terms of the will.
is your quote.



I was addressing the fact, that even if she was required to abide by the written will and accept the assets herself.....she still COULD gift to the OP whatever she wanted after the fact.

So all hope is not lost, he still can have 'do what is right' discussions with sis, even after the original distributions have been made.

OP never said she is refusing to split it with him, only that she was following what was written in the will.
 
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