AM EXCUTOR OF DADS WILL, HOW LONG TO PROBATE IN BEXAR COUNTY? AND CAN I RECOUP MONEY I HAVE SPENT OUT OF POCKET? FROM SISTER?

Asked over 1 year ago - San Antonio, TX

DAD DIED IN 2012. IM EXECUTOR. HAVE DONE ALLLLLL THE WORK WITH HIS LARGE ESTATE.SPENT APPROX.13000.00 OUT OF POCKET DUE TO TRAVELING. HE LIVED 3 HOURS AWAY. LARGE HOUSE AND FARM. I HAVE MOVED AND CLEANED AND SPENT HOURS ON PHONE FOR HIS ESTSTE TO BE HANDLED. AM I ENTITLED TO MONIES FROM ESTATE SALE TO RECOUP MY LOSSES?WILL STATES :"SHARE AND SHARE ALIKE" YET SHE HAS DONE NOTHING!!SHE HAS CAR IN DADS AND HER NAME. AM I ENTITLED TO HALF?

Attorney answers (5)

  1. John Gus Zgourides

    Contributor Level 17

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    Answered . An executor that takes an oath after probating a Texas will has great powers and responsibilities. There is little court oversight unless a creditor, a named will beneficiary, or an excluded heir raises questions. The responsibilities of an executor should not be taken lightly.

    I hope you have a lawyer as it sounds like you are presiding over the administration of a large estate. A lawyer can help you prepare the mandatory Inventory, Appraisement & List of Claims. This task includes placing values on property of the estate. Doing so can cause a ripple effect. Many times, a lawyer representing a large estate will bring in experts such as appraisers and accountants. Congress just changed the federal estate tax limit. This is not a job for a non-lawyer.

    Your lawyer can explain in more detail that a Texas executor can recover expenses, including attorney's fees, estate sale fees, etc. As for the car, the title should be instructive.

    John Zgourides
    (281) 453-5312
    www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Kevin Matthew Koel

    Pro

    Contributor Level 16

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    Answered . First, a will is not effective until it is admitted to probate, so even though you were named executor, you have no authority to act in such a position until the will is probated and an administration is opened. Generally, a will must be presented to probate within 4 years of the date of death. If you probate the will and open an administration (executor), you should be able to recoup your expenses for handling the estate so far and going forward. But, if you open an administration, you must hire an attorney to assist you because individuals cannot represent estates pro se (without an attorney). Based on the information provided, you would own a 1/4 share to the car, and the sister would own 3/4 because she already owned 1/2 and you both would split your dad's 1/2.
    You should consult a probate attorney to discuss you options and assist you further.

    If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for... more
  3. Cheryl Rivera Smith

    Contributor Level 20

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    Answered . You really need to contact a probate attorney to help you in this matter. He and she can outline your rights and responsibilities as executor. Many legal things need to be done to complete the process and there is a time limit. So sorry for your loss.

  4. Joseph Jonathan Brophy

    Contributor Level 20

    7

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    Answered . You can still probate the Will, if that's your question. Generally administration expenses can be repaid off the top of the estate assets before distribution. Legal representation is always a good idea for a probate. A DIY probate is possible, but if any disputes are expected, it's important to have a lawyer involved.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  5. Jessica Anne Newill

    Contributor Level 12

    4

    Lawyers agree

    Answered . Sorry to hear about your Dad. I agree with the prior answers. You are not executor until appointed by the court. If you do not already have an attorney, you should contact a probate attorney in the county where your Dad lived.

    Best of Luck!
    Jessica Newill
    Newill Law Firm

    This answer contains general information. None of the information contained in this communication is intended as... more

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