Skip to main content

Can executor of my mothers estate move the estate contents out of the county where she died and probate is?

Houston, TX |

Executor has removed entire contents for purpose of a future estate sale.

+ Read More

Attorney answers 3

Posted

Absolutely. If this is an Independent Executor, I don't think a devisee of the Will would have any grounds upon which to complain. No one but a devisee would have standing to complain.

DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

Asker

Posted

He is a Dependent excutor-what is a devisee?

Orsen E. Paxton III

Orsen E. Paxton III

Posted

There is no such thing as a "dependent executor" in Texas. There is a Dependent Administrator. That is the title of the person appointed by the court to administer an estate where there was no Will. Because you used the term "executor" in your question and facts we all assumed there was a Will. A "devisee" is someone who receives something in a Will.

Asker

Posted

Thank you, yes, I am sorry, he is a dependent administrator-semantics do make a huge difference law- there, is a holligraphic will.

Asker

Posted

Is it still okay for the estate to be moved out of county as a dependent administrator?

Orsen E. Paxton III

Orsen E. Paxton III

Posted

Its not semantics. These are legal terms. And now you have introduced a holographic will into these very confusing facts. If the holographic will was admitted to probate, then I suspect the court appointed a "dependent administrator with will annexed". But, I am guessing. A Dependent Administrator does not have the authority to remove estate assets or to dispose of them without authority from the court. A Dependent Administrator with Will Annexed does not have authority to dispose of assets in any manner not provided for in the holographic Will. You really need to consult with an experienced probate lawyer to get any kind of advice based upon all of the facts of this case.

Asker

Posted

Thank you

Orsen E. Paxton III

Orsen E. Paxton III

Posted

If you think this was the best answer, please click that choice.

Posted

Yes, the executor has the right to do this.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

Yes but you might have a complaint if the costs of the move were not within the "normal"
range and the action was outside of the range of a "prudent" trustee.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer