Skip to main content

I AM EXECUTOR ON FATHERS WILL. DO I NEED TO FILE PROBATE?

San Antonio, TX |

EXECUTOR OF DADS WILL. IT STATES NO BOND NEEDED DOES THIS MEAN I DO NOT FILE FIRST? I HAVE BEEN PERFORMING TASKS AS EXECUTOR AND SISTER IS NOT HAPPY.THERE IS NO MORE MONEY IN ESTATE(ONLY LAND) AM I ABLE TO BE REIMBURSED FOR MONEY I HAVE SPENT?WE WERE GOING HALVES AND SHE HAS BACKED OUT.WHAT R MY DUTIES?

Attorney Answers 4


  1. Best answer

    Go see a probate attorney especially since your sister is no longer cooperating. If the will has not been admitted to probate, you cannot act as an executor. A person can only become an executor if they are appointed by a court. You can be reimbursed for your expenses, including attorney fees. Also, as the court appointed executor, you can act without approval from your sister.

    If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.


  2. If you are the Executor and there's land involved, you need to retain an experienced Texas probate attorney to review the situation and determine what you need to do. You can be reimbursed for reasonable estate expenses, but this is in the discretion of the probate court. With an upset sibling, trust me, please hire an attorney as soon as possible because any mis-step will have dire consequences if she is litigious. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


  3. I agree with the prior answers. A person is not an executor until they are appointed by the court. The will simply nominates someone as executor. You need to have a probate attorney review the will and other estate planning documents, as well as any deeds on the property, documents regarding any other assets, etc. Most attorneys offer a free consultation so at least consult with someone to get an idea of what needs to be done.

    Good Luck!
    Jessica Newill
    Newill Law Firm

    This answer contains general information. None of the information contained in this communication is intended as legal advice. You should neither act nor refrain from acting based on information obtained from the exchange of messages on this website. None of the information contained in this answer is privileged or confidential. You should retain an attorney to provide legal advice regarding this issue. Newill Law Firm provides estate planning and probate services. Call (210) 383-0546 for a FREE initial consultation.

Probate topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics