all assets have been liquidated since July 2012 without mutual consent or prior notification. All requests by the other 3 heirs have been ignored. Every couple of months the executor comes up with a new reason she can't distribute the estate to the heirs. She refuses all demands for a full accounting. I believe my sister used undue influence to become POA in 2004, later appointed executor, & was gifted 2 acres of land as well. As executor she started a bidding war between me & her over a jewelry box listed as $0.00 in the inventory 2 months after I requested it as part of my share of the estate. She opened auction for the jewelry box twice & I outbid her but she will not release it to me claiming she "wants to keep in the family." What can I do to force disclosure & distribute assets?
Once the estate is open for 15 months, you can formally (in writing) request an accounting from the Executor pursuant to Texas Probate Code Sec. 149A. If the Executor refuses to provide the accounting to you, then you have grounds to have her removed. If you get that far and want to have her removed, you will have to retain an attorney to file an Application to Remove Executor. If you believe she is guilty of self-dealing, you would have another ground for her removal. If you are successful in removing her, the cost (attorney and filing fees) you incurred could be assessed against her share. You need a good probate litigation attorney! Good Luck!
1 found this helpful
5 lawyers agree
I hate to answer your question with the usual "get a lawyer" response, but you are going to find that some investment in professional help will go a long way here. My colleague has excellently laid out your rights and remedies. If you're serious about protecting and pursuing them, you'll contact an attorney that practices in this area near you to hire the help that you'll need.
This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.
1 lawyer agrees
You have posted this question a number of times and gotten essentially the same response. You are not going to be able to resolve this case on the internet. You need to meet with an attorney face to face to present your evidence and see if it is enough to warrant a claim.
***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!