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What can be done when an attorney is the executor of a will and he hands it over to his wife and family members work for her?

Austin, TX |

It was made clear by my mother this attorney was not to handle anything of her.
Her husband is still the executor.
Family that works for her has been stealing out of home and paperwork being manipulated.
This attorney has just received another another reprimand and is on suspension.
The entire family is is fear of what they are doing, besides manipulating everything.
It has gotten way out of hand and something needs to be done fast.

Attorney Answers 4

Posted

Retain an attorney immediately. It is vital that an experienced probate lawyer review what is going on in this estate as soon as possible. If your facts are correct, he or she will bring this matter to the attention of the probate court, perhaps through a petition to remove the Executor. Good luck to you and your family.

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.

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Posted

I would have to agree with Mr. Pankowski. You need to consult with a different attorney in your area who is familiar with probate. That attorney can give you specific advice on how to either deal with the attorney or remove him/her as executor. I concur that quick action is prudent if you have concerns that funds and/or assets are at risk!!!

Good Luck!

Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

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Posted

I agree with my colleagues that fast action is appropriate. You need to visit with your own attorney immediately, and the quick and free responses here probably won't address all of the concerns that you have. Executors are held to a very high standard in Texas. Our probate courts remove them all the time for improper activities.

You don't mention whether or not you are a nominated successor executor, or even a beneficiary of the Will. These facts may impact your ability to complain about the Executor's acts, since the Court must determine that you have an interest in the Estate before hearing your complaints. All the more reason to sit down with an attorney and learn precisely what rights and options you have.

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.

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Posted

Depending on what type and stage of probate is involved and your interest in the estate, you may have a remedy available to address some of these concerns. But you need to discuss the details with an experienced probate attorney who has a copy of the probate filings to date.

NOTICE: The foregoing is provided for general informational purposes only and is not intended to create, and should not be construed as creating, an attorney-client relationship. Legal advice that you rely upon in making important decisions should only be obtained from direct communications with a lawyer licensed in your jurisdiction after there has been a full disclosure of all of the relevant facts. That said, you should never provide information that you intend to be confidential or privileged on a forum such as this, and you should never rely on information provided here as a substitute for such legal advice. Also, please note that any U.S. tax information provided above is not intended to be used, and may not be used, for the purpose of avoiding penalties imposed under the U.S. Internal Revenue Code or for promoting, marketing, or recommending any portion of this communication to any party.

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