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Father died and Executrix is LYING about what he had at death. She lied on inventory and appraisement list. I am in the WILL.

Dallas, TX |

I am in his will to get half of everything. Everything she put down on the inventory list was just a basic figure of what he had, but she failed to include A LOT on purpose. ONE thing was his violen that is estimated to be worth approx. $1 MILLION dollars.She told me that I could not prove everything he had upon his death In her initial inventory list that was filed she put: Household, furniture and fixtures, etc worth $1,100 Isn't there something I can do to force her to do a complete and accurate inventory an appraisement list?
She is not only lying, but is stealing She is an Independant Executrix and was told they have more freedom from the courts.
When I talk to her on the phone she tells me to prove it and then just laughs What are my legal rights as an heir? How do I stop her?

Attorney Answers 4

Posted

You did not say how long she has been appointed independent executor, which affects your options. Depending on time frame, accounting can be requested under Section 149A of the Texas probate Code or an accounting and distribution under Section 149B, which are 15 months and two years, respectively, from the date of her appointment. Depending on the facts, a breach of fiduciary suit could be brought sooner than that, but you will need to consult with a probate specialist.

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Posted

You do have options, but you'll need an attorney. You're probably going to have to go to court over this. The sooner you act, the better. Contact a probate attorney in your area immediately so your interest in the estate can be protected.

DISCLAIMER: Nothing in this answer constitutes legal advice. If you have a legal question, you should consult an attorney. Further, nothing in this answer shall be construed to have started an attorney-client relationship. No such relationship exists until you sign an engagement letter with the Firm. Visit http://www.shuttlawfirm.com or email ishutt@shuttlawfirm.com. You may also call Mr. Shutt, a Dallas probate attorney and wills attorney, at (214) 302-8197 for more information on the topic discussed.

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Posted

Attorney Shutt is correct. The executrix has already told you that this is going to need to be proven in court. You will need a good probate litigation attorney to assist you with this. You should not delay, because doing so could effect your right to object to what has already taken place.

James Frederick

*** 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.

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Posted

The fact that there is an executrix and an inventory indicates that this is in probate court. There are steps you can take if you act within time deadlines, but one of our probate litigation attorneys would have to assist you with this. It is not something you can do yourself.

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