Paul Franklin Wright's Answers

Paul Franklin Wright
Dallas Probate Attorney.
Contributor Level 5

1

Attorney answers:

  1. Paul Franklin Wright

Can the executor of a will deny access or move the personal effects (of the deceased)

Asked by a user in Houston, TX - over 3 years ago.

If I understand your question, no executor has qualified yet, so the possible executor does not have the rights to move a thing. The possible executor is acting without court approval. Need to contact a Texas Probate Lawyer to deal with this matter as soon as possible. We see this all the time in probate - after the items have been moved/lost/broken is it really going to be worth it to get them back. Act fast.

1 person marked this answer as helpful

2

Attorney answers:

  1. Robert W. Hughes Jr.
  2. Paul Franklin Wright

Not filing for the probate of a will and not acting appropriately as an executor

Asked by a user in San Diego, CA - over 3 years ago.

The ability to remove an executor really depends on what state the probate is located in. In Texas for instance you have four years to probate a will. However certain criteria exist to qualify a person as executor. Certainly she could be disqualified based upon her distributed of property prior to qualifying as executor. Just because you are named as executor does not mean that you are "the executor" You should consult with a probate lawyer regarding her disqualification. But essentially...