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Texas probate laws and procedures what is the process for disputing executor's performance

Asked about 3 years ago - Gainesville, TX

When my husband's mother died last year, she left her house to her granddaughter (my husband's daughter) and not my husband, her only son. The will has not gone to probate and now the named executor is elderly and, according to her daughter, very forgetful. My husband's daughter says she does not know where the will is. Does my husband have any recourse re: artwork and stocks they were left to him (or even the house)? His daughter refuses to answer his phone calls, nor will she open the door when he tries to talk with her.

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Attorney answers (1)

Thuong-Tri Nguyen

Reputation Level 20

Answered about 3 years ago. Family Law Attorney in Renton, WA.

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If the will cannot be found, under the intestacy laws, your husband likely stands to inherit his mother's properties before his daughter.

If probate on the mother has not been opened, your husband likely can start the process by filling the appropriate petition with the appropriate court. After receiving notice of the proceeding, the people holding the will likely will have to produce it or risk having the court decides that there is no will. (Under the statutes, persons who are holding the will of a known decedent likely have a duty to present the will to the appropriate court or persons with a few days.)

The fact that the proposed executor is "very forgetful" likely is a basis for the husband to oppose that person being appointed the executor by the court.

Your husband likely should review his facts with an attorney licensed to practice law in the state where his mother was a resident before passing.

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