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What can you do when you are an heir to an estate but your sibling is the executor and you suspect misappropriation of funds in Texas?
Wiki User
∙ 19y ago
You are going to need an attorney for this. It's best to spend the money to protect your rights in the Will. Just because someone is executor (male) executrix (female) doesn't give them the right to sell any properties, spend any monies (other than pay the deceased creditors or back taxes) and they have to account for every cent. It can get complicated if the Estate is a fair size so it's best to get legal advice as soon as possible. If you can't afford an attorney you can go through the court system. Also, if you type in "Google" then type in: Executor duties for the State of Texas From there you can ask google many questions about the Will. This can help lead you in the right direction. Be sure you know your law to some degree before you accuse your sibling of misappropriation of funds. They do have the right to spend some of the money in the case of writing off debts of the deceased, funeral costs, paying out-standing personal taxes or property taxes. They'd better be keeping books on this because the you can contest the Will if you feel the Executor has stolen funds, committed freud and they WILL be made accountable. Good luck Marcy
Wiki User
∙ 19y ago
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Should sibling who is executor and is inheriting estate residual be able to get executor fees from other sibling who is inheriting most of estate in real estate?
Yes. There is a lot of work and responsibility involved in being the executor of an estate. The one sibling/beneficiary who is appointed should not be reqired to work for the other beneficiary for free. In some cases the executor may not charge the statutory fee, however, they should not be expected to work for free. The executor fee should be paid from the estate. If one of two sibling is inheriting real estate then they should make a cash contribution equal to one-half of the executor's fee.
Can an executor hide information from a sibling?
Generally, the status of a person as a "sibling" is not relevant. What is relevant is whether that sibling is or is not a beneficiary under the will. An executor has an obligation to give information to the beneficiaries of the estate as named in the will, not to all the decedent's relatives. If a sibling (whether it is a sibling of the decedent or of the executor) has no interest in the estate, he/she has no rights to information about the estate. In some jurisdictions, an executor might be required to simply give that sibling notice of the probate of the will, even if the will gives that sibling nothing, but only if that sibling would inherit some part of the estate in absence of the will. As with all legal questions, the specific answer may differ from state to state depending on that state's laws. So you must check those laws to get the precise answer.
Does an heir sibling to an estate have a right to enter estate after death of a parent if they are not the executor?
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
If a home is left to siblings in a will can executor silbling set sale price to sell to other sibling?
Yes, the executor of the estate can make decisions such as this. it is usually best to talk it through if you are on good terms with your sibling.
Can an executor of an heir eviction a sibling from property that they live in of the deceased?
They do have that ability to have them removed. The property belongs to the estate and the executor is responsible for it. They can rent or sell the property.
What to do when all assets stolen by sibling before estate probated?
The executor or administrator of the estate should sue those people for the wrongful taking of the decedent's money. If the sibling who stole the money is the executor or administrator, you can bring an action in the probate court to have that person removed as executor or administrator and have another person appointed who would sue for the return of the money.
Can a sibling sue another sibling for interference with inheritance?
That's the decision of the executor of the estate. If the other siblings want to keep the property, they would have to pay the other for their share.
Can a executor evict his sister from their late parents' home if it jeopardize the sale of the house and there is no will?
There is no executor if there is no Will. The estate must be probated and the court must appoint an estate representative. That representative will have the power to request a license to sell the property. The representative should ask the attorney who is handling the estate how to handle the sibling who made their home with the deceased parent. The sibling has property rights and rights as a tenant.
Can one be an executor of probate but not the estate?
There is no executor of probate. The executor of the estate executes the will and probates the estate.
The Executor in a Will is deceased. Can a sibling of the deceased now be appointed?
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
Can executor and beneficiary be the same?
Yes, that is often the case when a spouse dies. It saves the estate money.
