Letters of Testimentary

[damilgin]

Texas. My friend died in March 2006, in Houston, Texas. The attorney was made executor and I am beneficiary.
The will was probated 2 weeks ago in Harris Co. Probate court. I live in another county. The attorney has the Letters of Testimentary, but he will not send them to me. I am constantly put off. I cannot do anything until I get those letters, or the letter.
Can I get copies from the court as beneficiary?
Can I have him removed as executor?
David W.

[LdiJ]

Originally Posted by damilgin

Texas. My friend died in March 2006, in Houston, Texas. The attorney was made executor and I am beneficiary.
The will was probated 2 weeks ago in Harris Co. Probate court. I live in another county. The attorney has the Letters of Testimentary, but he will not send them to me. I am constantly put off. I cannot do anything until I get those letters, or the letter.
Can I get copies from the court as beneficiary?
Can I have him removed as executor?
David W.

This is really the wrong catagory for your question. I believe that there is a forum here that deals with wills and probate. I would recommend posting your question there.

[Dandy Don]

This attorney appears to be not being honest with you, so wait and review what he has done for the estate before you decide whether to fire him or continue using him. You need to at least visit his office or call him to find out exactly what work he has done for the estate and how things stand now.

The letters testamentary are only issued to the executor, so the reason he may not be sending them to you is because HIS name is on them. Why did you want the letters if you are not official executor?

If he is not telling you what is going on in regards to the estate, or even if he is, you need to seriously consider hiring your own attorney in Harris County to represent YOUR interests and to go to the court hearings so that the executor can stop BS'ing you. And ask your new attorney whether you need to ask the court to require this executor to post a bond to protect your financial interests as a beneficiary--let's hope he is not stealing from the estate.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)