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

Asked over 1 year ago - 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. Kevin Matthew Koel

    Contributor Level 16

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    Answered . 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.

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  2. Jessica Anne Newill

    Contributor Level 12

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    Answered . 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

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  3. Joseph Michael Pankowski Jr

    Contributor Level 18

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    Answered . 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... more
  4. Calvin T. Sun

    Contributor Level 15

    9

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    Answered . Agree, important to hire attorney.

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